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During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing...

During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases. During the Discussion of GC's new business, the group discusses the following question:

(1) Analyze and explain the implied warranty of merchantability.

(2) Analyze and explain specifically how and why GC could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean GC clients' commercial property. `

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Answer #1

Answer 1.

Implied warranty of merchantability means that a product sold to a customer must work for its intended purpose, and if the product is not working even for its intended purpose then customer is protected by the law of implied warranty of merchantability which helps the customer to get the product replaced or repaired free of cost as because of this clause of Implied warranty of merchantability a customer is protected for his right where in one should get the new product in fit condition and it should do all the intended work.

A seller must be well aware on the condition of the product before selling to any consumer and this should also be monitored regularly for the stocks which he owns. This clause of Implied warranty of merchantability also helps in maintaining the quality of products being sold in market and protects the customers from getting into the trap of faulty products and its associated risks.

Under this Implied warranty of merchantability few critical elements which need to be maintained for all the products which are being sold commercially are as below:

1.      Product should not have any trade objection

2.      Should work for its ordinary purpose

3.      Should be of same quality and quantity or design

4.      Proper product labelling and conformation to law

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