Warranties Implied by Law in a Contract for Sale of Goods
When you buy a product, you expect it to work properly, be of satisfactory quality, and meet its intended purpose. In a contract for the sale of goods, certain warranties are implied by law that protect you as the buyer and ensure that you are getting what you paid for. Understanding these warranties can help you make informed decisions when purchasing goods.
Types of Warranties
There are two types of warranties that may be implied by law in a contract for the sale of goods: express and implied warranties. Express warranties are promises made by the seller about the product, such as a guarantee that it will work for a certain period of time. Implied warranties, on the other hand, are warranties that are not expressly stated but are still required by law. Implied warranties fall into two categories: implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Implied Warranty of Merchantability
The implied warranty of merchantability is a guarantee that the product sold is fit for its ordinary purpose and is of a quality that is typical for products of that type. This means that if you buy a car, it should be able to function as a car normally would. The product must be reasonably safe, free from defects that might harm users, and meet the buyer’s reasonable expectations. This warranty is automatically included in every contract for the sale of goods unless it is explicitly waived or disclaimed by the seller.
Implied Warranty of Fitness for a Particular Purpose
The implied warranty of fitness for a particular purpose is a guarantee that the product sold is suitable for a specific use that the buyer intended and that the seller was aware of. For example, if the buyer tells the seller that they need a printer that can handle large volumes of printing, the seller must provide a printer that can meet that requirement. This warranty only applies if the buyer relies on the seller’s expertise and judgment in selecting the product.
Enforcement of Warranties
If a product does not meet the implied warranties, the buyer has legal recourse. The buyer may reject the product, revoke acceptance of the product, or seek damages. The specific remedy depends on the circumstances of the case. In some cases, the seller may also be required to pay for the buyer’s legal fees. It is important to note that these remedies are only available if the buyer has not waived or disclaimed the warranties.
Conclusion
In a contract for the sale of goods, certain warranties are implied by law that protect the buyer and ensure that the seller is providing a product that meets certain standards. The implied warranties of merchantability and fitness for a particular purpose provide buyers with legal recourse if a product does not meet their expectations. Understanding these warranties can help buyers make informed decisions when purchasing goods and protect them in case of a dispute.