Question

Please provide a brief answer to each of the following questions:

1. What is the warranty of merchantability?

2. What is the warranty of fitness for a particular purpose?

3. What is a disclaimer?

Answer 1

Warranty of Merchantability

if you’ve ever returned a product that just didn’t work, you’ve benefited from the implied warrant of merchantability. This warranty guarantees that a product sold to you by a merchant will work when used for its intended purposes. It's an implied warranty, meaning it exists without needing to be written or spoken. A commercial seller doesn’t have to tell you that the product is guaranteed to work for its usual purpose because the law itself creates that warranty.

The warranty of merchantability is based off the idea that the seller is in a better state to know whether a product will perform properly. It encourages merchants to ensure the quality of their products before placing them on the market. After all, a seller is in a better place to know if a car isn't in an adequate state to drive, a blender is too slow to blend food, or seeds too old to sprout new crops.

warranty of fitness for a particular purpose

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.

Disclaimer

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship.