Implied
Warranties
by Jeffery G. Gilmore and Bill Fisher
In recent Legal Columns we have
addressed the topic of warranties. In
the last issue we reviewed the
enforceability of "express" warranties
created by affirmative promises and
statements made by a seller. The law
of warranties, however, goes beyond
the express promises of a seller.
Sellers and manufacturers of goods
also assume certain implied
obligations.
blocks in order to achieve a desired
wall color and to eliminate the need
to paint.
In essence, the law imposes certain
minimum standards or warranties
which arise in the context of many
transactions. This article will address
two implied warranties: (1) the
implied warranty of merchantability
and, (2) the implied warranty of
fitness for a particular purpose.
Both of these