Describe Implied Warranty of Merchantability and Implied Warranty of Fitness

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The Answer is The implied warranty of merchantability is a powerful tool for the wronged consumer.If the seller is a merchant regularly selling goods of the kind in question,the warranty of merchantability automatically accompanies the sale unless the warranty is excluded via a disclaimer.The warranty arises even if the seller made no certification as to the nature or quality of the goods.UCC 2-314 enshrines the consumer's reasonable expectation that only safe goods of at least ordinary quality will appear on the market.
UCC 2-314 Implied Warranty: Merchantability; Usage of Trade states the following:
"(1) Unless excluded or modified (Section 2-316),a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale."
When a seller enters a contract for the sale of goods,an implied warranty arises by operation of law.That is,an implied warranty automatically attaches to the sale of goods unless the warranty is disclaimed (disavowed) by the seller.
The implied warranty of fitness for a particular purpose likewise arises by operation of law,but only when the seller (merchant or not) knows (or has reason to know) that the goods are to be used for a specific purpose,and the seller further knows that the buyer is relying on the seller's judgment.If those conditions obtain,the warranty exists automatically unless disclaimed.
UCC 2-315 Implied Warranty: Fitness for Particular Purpose states the following:
"Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods,there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."

Describe Implied Warranty of Merchantability and Implied Warranty of Fitness

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