Bank Deposit Letter

What is covered in the Universal Commercial Code? What are express warranties as opposed to implied warranties?

What is covered in the Universal Commercial Code?
What are express warranties as opposed to implied warranties?

The Uniform Commercial Code (the “UCC”) — not the “Universal” Commercial Code — covers numerous subjects, including sales of goods, leases of goods, bank deposits, letters of credit, documents of title, negotiable instruments, investment securities and secured transactions. In one form or another, the Uniform Commercial Code has been adopted in all 50 states of the United States and the District of Columbia.

The concept of express warranties and implied warranties comes up principally in Article 2 of the UCC, dealing with sales of goods (although similar concepts are found in other articles). In Article 2, an “express” warranty is an express representation or statement (usually in writing) made by the seller with respect to the goods being sold, e.g., “this computer has a 500 gigabyte hard drive.”

An implied warranty is a legal fiction created by the UCC, and derived from common law. Under Article 2 of the UCC, there are two implied warranties — the implied warranty of merchantability and the implied warranty of fitness for a particular use. Under Article 2, these warranties exist in every sale of goods unless they are expressly disclaimed by the seller.

The implied warranty of merchantability is an unwritten promise from the seller to the buyer that the goods being sold conform to the ordinary standard of care and are of the same grade, quality and value as similar goods sold in similar circumstances, i.e., that they are fit for the ordinary purposes for which such goods are used. This does not mean that the goods are of high quality, but that they can be used for the purpose for which goods are used. For example, if the seller is selling a television set, the implied warranty of merchantability means that, if the set is plugged in and the power button is pressed, the television will operate as a television set. Not necessarily a top-quality television set, but a television set.

The implied warranty of fitness for a particular use says that, if the buyer of goods informs the seller of the use to which he/she intends to put the goods, the seller, by selling the goods, promises that the goods can be used for that purpose. For example, if a buyer of running shoes tells the seller that the shoes are to be used in a marathon, the implied warranty of fitness for a particular use would be breached if the seller sold the buyer shoes that would fall apart after a 5-mile run.

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