REPLY TO THE DISCUSSION POST AND RAISE A QUESTION TOO What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose According to Cornell Law, implied warranty of merchantability is defined as a warranty that the goods are merchantable is implied in a contract for sale if the seller is a merchant of these sorts of good, unless otherwise excluded or modified (Cornell, n d ) As for implied warranty of fitness for a particular purpose, this would be where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the sellers skill or judgement to select or furnish suitable goods (Cornell, n d ) Therefore, the difference between the merchantability means that the goods are generally acceptable, while fitness for a particular purpose means goods are specifically suitable (Cornell, n d ) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean's clients' commercial property Clean could be sued for a breach of their contract via the implied warranty of merchantability if the products do not meet the desired standard or are defective If EPIs cleaning products do not clean or are ineffective at properly cleaning, then the product did not meet the implied warranty of merchantability which again can make Clean liable in a lawsuit If Clean has a desire to use EPIs cleaning products, it should be part of the contract and stated clearing that they utilize those products while conducting a cleaning service If Clean clearly stated the use of EPI products and Clean was sued for their services, it would not be applicable against the implied warranty of merchantability, as this applies to goods (Cornell, n d ) Bryan Herndon References Cornell Law (n d ) Implied Warranty Merchantability Usage of Trade Retrieved from https www law cornell edu ucc 2 2 314 Cornell Law (n d ) Implied Warranty Fitness for Particular Purpose Retrieved from https www law cornell edu ucc 2 2 315

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Question: REPLY TO THE DISCUSSION POST AND RAISE A QUESTION TOO. What is the difference between the implied warranty of merchantability and the implied warranty of

REPLY TO THE DISCUSSION POST AND RAISE A QUESTION TOO.

What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?

According to Cornell Law, implied warranty of merchantability is defined as a warranty that the goods are merchantable is implied in a contract for sale if the seller is a merchant of these sorts of good, unless otherwise excluded or modified (Cornell, n.d.). As for implied warranty of fitness for a particular purpose, this would be where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the sellers skill or judgement to select or furnish suitable goods (Cornell, n.d.) Therefore, the difference between the merchantability means that the goods are generally acceptable, while fitness for a particular purpose means goods are specifically suitable (Cornell, n.d.).

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

Clean could be sued for a breach of their contract via the implied warranty of merchantability if the products do not meet the desired standard or are defective. If EPIs cleaning products do not clean or are ineffective at properly cleaning, then the product did not meet the implied warranty of merchantability which again can make Clean liable in a lawsuit. If Clean has a desire to use EPIs cleaning products, it should be part of the contract and stated clearing that they utilize those products while conducting a cleaning service. If Clean clearly stated the use of EPI products and Clean was sued for their services, it would not be applicable against the implied warranty of merchantability, as this applies to goods (Cornell, n.d.).

Bryan Herndon

References

Cornell Law. (n.d.). Implied Warranty. Merchantability. Usage of Trade. Retrieved from: https://www.law.cornell.edu/ucc/2/2-314

Cornell Law. (n.d.). Implied Warranty. Fitness for Particular Purpose. Retrieved from: https://www.law.cornell.edu/ucc/2/2-315

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