M Civ JI 140.43 Contract Action - UCC: Implied Warranty of Merchantability - Definition

In every contract of sale by a merchant who regularly sells goods of the same kind as those purchased by the buyer, the law implies a warranty that the goods shall be merchantable.

Merchantable means that the goods:

(a) are fit for the ordinary purpose(s) for which such goods are used, and

(b) are acceptable in the trade under the contract description, and

(c) *(are of fair, average quality, and)

(d) are of even kind, quality, and quantity within each unit and among all units †(within variations permitted by the agreement), and

(e) ‡(are adequately contained, packaged, and labeled as required by the agreement, and)

(f) ‡(conform to any statement of fact made upon their container or label.)

Note on Use

*Subsection c applies only to fungible goods, and should be used only if applicable.

†This phrase should be used only if variations are permitted by the agreement.

‡Subsection e and f should be used only if applicable.

If it is an issue, the definition of merchant is found in M Civ JI 140.05 b.

This instruction does not cover implied warranties from course of dealing or usage of trade. See MCL 440.2314(3).

Comment

MCL 440.2314.

History

M Civ JI 140.43 was added January 1987.