§ 32-34 Products Liability - Implied Warranty of Merchantability

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 32-34 Products Liability - Implied Warranty of Merchantability

As to implied warranty, the plaintiff claims that the defendant breached the implied warranty that the product was merchantable. If the goods are not merchantable, then the seller has breached an implied warranty.

South Carolina Code section 36-2-314, entitled "Implied warranty; Merchantability; usage of trade," provides:

(1) Unless excluded or modified . . ., a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section, the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without

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