Implied Warranty

Implied Warranty Warranty Consumer Protection Business Law Legal Terms
An implied warranty is a legal term referring to the assurance that a product or service meets certain standards of quality and functionality, even if this warranty is not explicitly stated in writing. It contrasts with an express warranty, which is explicitly communicated.
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Implied Warranty

Definition

An implied warranty is a legal concept that assumes that certain warranties are implied by law into a contract, even if they are not expressly stated. These warranties ensure that goods sold meet a minimum standard of quality and are fit for the purpose for which they are intended. Implied warranties primarily exist to protect consumers from defective or substandard products.

Types of Implied Warranties

  1. Implied Warranty of Merchantability: This type of warranty promises that a product will do what it is supposed to do. For instance, a refrigerator will keep food cold, and shoes will be wearable.
  2. Implied Warranty of Fitness for a Particular Purpose: Occurs when a seller advises a buyer that a product is suitable for a particular use, and the buyer relies on that advice. If the product then fails to perform as advised, the buyer may be able to claim against the warranty.

Examples

  • Electronic Goods: If a consumer buys a television, there is an implied warranty that it will display images and produce sound correctly.
  • Automobiles: When purchasing a car, it comes with an implied warranty that it will run properly and is safe to drive.
  • Home Appliances: A washing machine is assumed to have an implied warranty that it will wash clothes effectively when purchased.

Frequently Asked Questions (FAQs)

Q1: Can an implied warranty be disclaimed? A1: Yes, sellers can disclaim implied warranties, but this must be done clearly and conspicuously in the sales contract. The language used must be specific, often stating “as-is” or “with all faults.”

Q2: How long does an implied warranty last? A2: The duration of an implied warranty varies by state law, but it typically lasts for a reasonable period, considering the nature of the product.

Q3: What is an implied warranty of merchantability? A3: This warranty ensures that the goods sold by a merchant are fit for ordinary purposes, are of average quality, and are properly labeled and packaged.

Q4: Can implied warranties apply to services? A4: Yes, implied warranties can apply to services, ensuring that the services provided meet certain standards of quality and are performed with reasonable skill.

Q5: What is the major difference between an expressed warranty and an implied warranty? A5: An expressed warranty is explicitly stated, usually in writing, while an implied warranty is automatically provided by law even if not verbally or explicitly declared.

  • Express Warranty: A warranty that is explicitly communicated, either in writing or verbally, detailing the specifics of the warranty coverage.
  • Warranty of Title: Ensures that the seller has the right to sell the product, free from claims of others.
  • Declaratory Judgment: A legal determination declaring the rights of parties involved without providing for or ordering enforcement.

Online References

Suggested Books for Further Studies

  1. “Understanding Business and Legal Aspects” by Robert W. Emerson
  2. “Consumer Protection Law” by Dee Pridgen and Richard M. Alderman
  3. “Sales and Leases: A Problem-Solving Approach” by Scott J. Burnham
  4. “Consumer Law and Policy” by Iain Ramsay

Fundamentals of Implied Warranty: Business Law Basics Quiz

### What is an implied warranty? - [ ] A written guarantee. - [x] An assurance that goods will meet certain standards. - [ ] An optional service contract. - [ ] A guarantee that expires within 30 days. > **Explanation:** An implied warranty is a legal assurance that the goods sold will meet certain quality and functionality standards without needing to be expressly stated in writing. ### What is an example of an implied warranty of merchantability? - [ ] A warranty card. - [x] A refrigerator that keeps food cold. - [ ] An extended service plan. - [ ] A seller's promise to repair any defects. > **Explanation:** An implied warranty of merchantability means a product will perform as expected, such as a refrigerator keeping food cold. ### Can an implied warranty be disclaimed by the seller? - [x] Yes, if done clearly and conspicuously. - [ ] No, it cannot be disclaimed. - [ ] Only for digital goods. - [ ] Only in express warranties. > **Explanation:** A seller can disclaim an implied warranty, but it must be done clearly and conspicuously, stating "as-is" or "with all faults." ### What does an implied warranty of fitness for a particular purpose cover? - [ ] All potential uses. - [ ] Standard issues with the product. - [x] Specific purpose advised by the seller. - [ ] Returns and refunds. > **Explanation:** This warranty covers cases where the seller recommends the product for a specific purpose, and the buyer relies on that recommendation. ### How long typically does an implied warranty last? - [ ] One month. - [ ] One year. - [ ] Five years. - [x] A reasonable period, depending on the product. > **Explanation:** The duration varies but typically lasts for a reasonable period considering the nature of the product. ### Which is not an implied warranty type? - [ ] Merchantability. - [ ] Fitness for a particular purpose. - [x] Warranty of title. - [ ] Habitability. > **Explanation:** Warranty of title is not an implied warranty type; it's an assurance that the seller has the right to sell the product. ### What happens if goods fail to meet the implied warranty? - [ ] The seller offers an express warranty instead. - [x] The consumer may have a legal claim for defect. - [ ] The product gets replaced automatically. - [ ] The warranty turns into an express warranty. > **Explanation:** If the goods fail to meet the implied warranty standards, the consumer may have a legal claim against the seller for the defect. ### When an implied warranty exists, what is expected from the product? - [ ] It needs a warranty card. - [ ] It comes with an extended plan. - [ ] It may last for only one month. - [x] It must meet basic quality and functionality standards. > **Explanation:** An implied warranty expects that the product meets basic standards of quality and functionality. ### What term contrasts directly with 'implied warranty'? - [ ] Product liability. - [x] Express warranty. - [ ] Consumer mandate. - [ ] Legal protection. > **Explanation:** An express warranty, which is explicitly detailed, contrasts with an implied warranty, which is not stated. ### Implied warranties come into play primarily in protecting whom? - [ ] Sellers. - [x] Consumers. - [ ] Manufacturers. - [ ] Investors. > **Explanation:** Implied warranties primarily protect consumers by ensuring that products meet certain standards of quality and functionality.

Thank you for exploring the realm of implied warranties with our structured article and engaging quiz questions. Continue enhancing your understanding of business law and consumer protection!

Wednesday, August 7, 2024
Import
Implied In Fact Contract
Defective January 1, 1
Act of God January 1, 1
Adhesion Contract January 1, 1
Assignee January 1, 1
Bailee January 1, 1
Breach of Warranty January 1, 1
Condition Precedent January 1, 1
Condition Subsequent January 1, 1
De Facto January 1, 1
Deceptive Advertising January 1, 1

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