When does the implied warranty of merchantability arise in a sale or lease contract for a good? What is required under this warranty?
What will be an ideal response?
The implied warranty of merchantability arises in a sale or lease contract for a good if the seller or lessor is a merchant with respect to goods of that kind. The implied warranty of merchantability does not apply to sales or leases by nonmerchants or casual sales.
An implied warranty requires that the following standards be met: (1) the goods must be fit for the ordinary purposes for which they are used; (2) the goods must be adequately contained, packaged, and labeled; (3) the goods must be of an even kind, quality, and quantity within each unit; (4) the goods must conform to any promise or affirmation of fact made on the container or label; (5) the quality of the goods must pass without objection in the trade; or (6) fungible goods must meet a fair average or middle range of quality.
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