CA's Flavor of Implied Warranty Leaves a Sour Taste

A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.

23 minute read February 01, 2008 at 08:38 AM
By
Nathan Marcusen
CA's Flavor of Implied Warranty Leaves a Sour Taste

The warranty of merchantability, implied in almost every consumer purchase, rarely presents a litigation opportunity, even for the most-savvy advocates. For decades, courts have consistently interpreted the term 'merchantability' to connote a minimal, baseline assurance of product fitness and functionality.

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