Also known as: fitness for ordinary purposes · fits for ordinary purposes · merchantability · implied warranty of merchantability
Written by attorneys · grounded in primary & secondary sources — see below
A quality standard imposed by the implied warranty of merchantability that requires goods to be suitable for their typical and customary uses. The standard is satisfied when the goods perform as expected in routine applications without repeated failure or safety issues.
Dawn Financial purchased ten currency counting machines from Horizon Fund for use in its high-volume branches. The machines jammed during ordinary daily operations with standard bills and missed counterfeit notes. Dawn sued for breach after the defects prevented reliable processing in routine branch transactions.
Rose Cipollone bought cigarettes manufactured by Liggett Group. The filters allowed harmful particles to pass through during normal smoking. Cipollone sued after developing lung disease from the defective performance in everyday use.
Select any source to read its text and confirm it supports the definition.
Carol Denny purchased a Ford Bronco for family transportation. The vehicle rolled over during an ordinary highway maneuver that similar SUVs handled safely. Denny sued Ford after the instability caused injury in everyday driving conditions.
Tenants in Javins's building rented units from First National Realty. The heating system stopped working during normal winter temperatures. Javins withheld rent after the units became uninhabitable for ordinary residential use.
Matthew Zeidenberg bought ProCD database software for personal research. The license terms prevented running the program on multiple computers during normal operation. Zeidenberg continued use after the restriction conflicted with expected functionality.
Nanakuli Paving bought asphalt from Shell Oil under long-term supply contracts. Shell refused to honor trade usage on price protection during ordinary paving projects. Nanakuli sued after the refusal prevented completion of standard road work.
The buyer must show that the goods failed to perform as expected in their typical applications. Evidence of repeated jamming, safety failures, or inability to complete routine tasks during normal use satisfies the element.
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No. The warranty only guarantees suitability for ordinary and customary purposes. Specialized or unusual applications fall outside the ordinary-purpose standard.
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Any disclaimer must be conspicuous and in writing. Language that merely states the goods are sold as is may exclude the warranty if it meets the statutory requirements for conspicuousness.
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…negligence counts were dismissed by the court and the cause was submitted to the jury for determination solely on the issues of implied warranty of merchantability. Verdicts were returned against both defendants and in favor of the plaintiffs. Defendants appealed and plaintiffs cross-appealed from the dismissal of their negligence claim. The matter…