What does "implied warranty" refer to in the context of the UCC?

Prepare for the Texas Commercial Rules Test. Review with flashcards and multiple choice questions, each offering hints and detailed explanations. Ensure success on your exam!

Implied warranty in the context of the Uniform Commercial Code (UCC) refers to warranties that are automatically imposed by law based on the circumstances of the transaction, rather than being explicitly stated in the contract. These warranties are intended to ensure a minimum level of quality and performance of goods sold or leased.

For instance, an implied warranty of merchantability guarantees that goods sold are fit for the ordinary purposes for which such goods are used and meet certain quality standards. Similarly, an implied warranty of fitness for a particular purpose arises when the seller knows that the buyer is relying on the seller's expertise to select goods for a specific use. These implied warranties protect buyers by holding sellers accountable for certain standards even if these terms are not explicitly mentioned in the contract.

In contrast, the other options provided do not accurately capture the essence of an implied warranty. Guarantees made in advertising materials pertain to representations that might influence a buyer but do not constitute legal warranties under the UCC. Warranties that are explicitly stated in a contract are referred to as express warranties, not implied ones. Lastly, the ability for a seller to waive warranties would only apply to express warranties or specific terms, and certain implied warranties cannot be waived under the UCC. Thus, the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy