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Salable; of quality and type ordinarily acceptable among vendors and buyers.

An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. For example, soap is merchantable if it cleans. In general, a seller or manufacturer is required by law to make products of merchantable quality. In the event that the items do not meet with the proper standards, a suit can be brought against the seller or manufacturer by anyone who is injured as a result.


Product Liability; Sales Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


adj. a product of a high enough quality to make it fit for sale. To be merchantable an article for sale must be usable for the purpose it is made. It must be of average worth (not necessarily special) in the marketplace and must not be broken, unworkable, damaged, contaminated or flawed. (See: sale)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Allen LeFaivre brought a class action suit against KV Pharmaceutical Company (KV), claiming breach of implied warranty and violation of the Missouri Merchantability Practices Act when the company failed to manufacture its medication in compliance with federal regulations.
This warranty of merchantability is implied in all contracts for the sale of goods made by a merchant; it exists even if the parties never mention it in their negotiations.
If the seller decides not to recall the produce, they buyer would have a claim against the seller for a breach of the warranty of merchantability and could reject the produce.
Question--What is an implied warranty of merchantability?
Furthermore, it appears that although there are a few FERC orders that discuss the concept of merchantability, it appears that FERC has never precisely defined the meaning of the term.
How many times have you seen the words: "company does not make any warranty, express or implied, including warranties of merchantability and fitness for a particular purpose." More to the point, what does any of it mean?
makes no representation, guarantee, or warranty, express or implied for the merchantability which extends beyond the description for the proper use, installation, inspection and maintenance of these products.
Sellers of goods are deemed by law to give implied promises of "merchantability" and "fitness" unless they specifically limit or disclaim those warranties.
The implied warranties of the UCC Article 2 include the warranties of merchantability, (43) fitness for a particular purpose, (44) title, (45) and against infringements.
(11) The UCC recognizes two types of these warranties: (1) the implied warranty of merchantability; and (2) the implied warranty of fitness for a particular purpose.
The claimants asserted that their financial losses were based on breached warranties concerning the Explorers' merchantability and consumer fraud based on undisclosed attributes.
These implied warranties are, of course, the implied warranty of merchantability, and, under some circumstances, the implied warranty of fitness for a particular purpose.