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Implied Warranty of Merchantability

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Steven Taterka purchased a 1972 Ford Mustang from a Ford dealer in January 1972. In October 1974, after Taterka had put 75,000 miles on the car and Ford's express warranty had expired, he discovered that the taillight assembly gaskets on his Mustang had been installed in such a way that water was permitted to enter the taillight assembly, causing rust to form. Even though the rusting problem was a recurrent one of which Ford was aware, Ford did nothing for Taterka.

Was Ford liable to Taterka under the implied warranty of merchantability?

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Based on the scenario, this solution responds to the question: Was Ford liable to Taterka under the implied warranty of merchantability?

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RESPONSE:

1. Was Ford liable to Taterka under the implied warranty of merchantability?

An implied warranty is a guarantee about the quality of goods or services purchased that is not written down or explicitly spoken. Virtually everything you buy comes with two implied warranties. One for "merchantability" and one for "fitness." The implied warranty of merchantability is an assurance that a new item will work for its specified purpose. The item doesn't have to work ...

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