Section 27 Implied Warranty of Merchantability

• Library: Motor Vehicle 2011

Section 400.2-314(1), RSMo 2000, provides that: “Unless excluded or modified (section 400.2‑316), 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.” The implied warranty of merchantability is imposed
by operation of law to protect buyers and is construed in favor of the buyer. The goods provided must be fit for the general purposes appropriate for such goods. See 20A V.A.M.S. § 400.2-314 cmt. 3 (1994). The...