Asked by Justin Keltner on Mar 10, 2024
Verified
The word "merchantability" must be mentioned in a disclaimer of an implied warranty of merchantability.
Merchantability
A warranty that goods sold will meet reasonable expectations of quality and functionality as implied in a sale.
Implied Warranty of Merchantability
A legal presumption that goods sold by a merchant are fit for the general purpose for which they are sold and meet the standards of quality and performance that are reasonable to expect.
Disclaimer
A statement that denies responsibility or affiliation with information, products, or services.
- Evaluate the variations and legal implications between express and implied warranties.
Verified Answer
KG
Kaylene GearyMar 10, 2024
Final Answer :
True
Explanation :
According to the Uniform Commercial Code (UCC) Section 2-314, when a seller is making a sale of goods, there is an implied warranty of merchantability that the goods are fit for their intended use. In order to disclaim this warranty, the term "merchantability" must be mentioned explicitly in the disclaimer. Otherwise, the disclaimer may not be legally effective.
Learning Objectives
- Evaluate the variations and legal implications between express and implied warranties.