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SimplyCPA
Glossary/Implied warranties

What is Implied warranties?

In short

The warranty of merchantability, implied when the seller is a merchant, promises goods fit for their ordinary purpose. The warranty of fitness for a particular purpose arises when the seller knows the buyer's purpose and the buyer relies on the seller's skill.

Key takeaways

  • A disclaimer of merchantability must mention the word 'merchantability' and, if written, be conspicuous.
  • Phrases such as 'as is' disclaim both implied warranties.
  • Express warranties are created by the seller's statements of fact, descriptions or samples.

Where it's tested

REG: Business Law: Contracts — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

On June 1, a merchant seller mails an offer to sell goods. On June 3, the seller mails a revocation. On June 4, the buyer mails an acceptance. On June 5, the buyer receives the revocation. Is there a contract?

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