The implied warranties referenced include merchantability and fitness for a particular purpose. Which statement best reflects this?

The implied warranties referenced include merchantability and fitness for a particular purpose. Which statement best reflects this?

• A. They are implied warranties
• B. They are express warranties
• C. They require registration
• D. They are not applicable to construction

Answer: (A)

These are implied warranties, created by law when goods are sold. Under these rules, certain promises come with a sale even if they aren’t written or spoken. Merchantability means the goods are of average quality and fit for the ordinary purpose for which such goods are used. Fitness for a particular purpose means the seller knows the buyer has a specific use in mind and the buyer relies on the seller’s expertise to provide goods suitable for that use; the goods must be fit for that particular purpose. That’s why this option is best: the references to merchantability and fitness for a particular purpose describe warranties that exist by operation of law, not promises that are explicitly stated. They don’t require registration, and they can apply to construction projects whenever goods are involved in the project (materials, equipment, etc.).

These are implied warranties, created by law when goods are sold. Under these rules, certain promises come with a sale even if they aren’t written or spoken. Merchantability means the goods are of average quality and fit for the ordinary purpose for which such goods are used. Fitness for a particular purpose means the seller knows the buyer has a specific use in mind and the buyer relies on the seller’s expertise to provide goods suitable for that use; the goods must be fit for that particular purpose.

That’s why this option is best: the references to merchantability and fitness for a particular purpose describe warranties that exist by operation of law, not promises that are explicitly stated. They don’t require registration, and they can apply to construction projects whenever goods are involved in the project (materials, equipment, etc.).