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.