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Implied Warranty of Merchantability;

Discuss why the Implied Warranty of Merchantability under 2-314 is applicable only to goods sold by a merchant. Discuss whether this provision should be applicable to non-merchants as well.

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Implied warranty of merchantability means goods should pass without objection in trade. The provisions should not be applicable to non-merchants because a non-merchant is not expected to know the customs of trade. Similarly, section 2-314 Uniform Commercial Code requires that fungible goods are of average quality within the description. A ...

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