---
title: "Implied Warranty"
type: Legal Term
source: https://casebriefly.com/legal-terms/implied-warranty
---

# Implied Warranty

Implied warranties arise by operation of law rather than by express agreement. The implied warranty of merchantability (UCC Section 2-314) guarantees that goods are fit for their ordinary purpose. The implied warranty of fitness for a particular purpose (UCC Section 2-315) applies when the seller knows the buyer's specific need and the buyer relies on the seller's expertise. These warranties can be disclaimed, but conspicuous language is required.

## Related Terms

- unconscionability
- breach-of-contract
- parol-evidence-rule

## Related Cases

- henningsen-v-bloomfield-motors
- greenman-v-yuba-power-products

## Example

A buyer purchases a toaster at a retail store. Even without any express promise, the implied warranty of merchantability guarantees it will function as a toaster.

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Source: [Implied Warranty — CaseBriefly](https://casebriefly.com/legal-terms/implied-warranty)