Idaho Statutes

Idaho Statutes are updated to the web July 1 following the legislative session.

pecnv.out

TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 2
UNIFORM COMMERCIAL CODE — SALES
PART 3.
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
28-2-314.  Implied warranty — Merchantability — Usage of trade. (1) Unless excluded or modified (section 28-2-316), 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. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2)  Goods to be merchantable must be at least such as
(a)  pass without objection in the trade under the contract description; and
(b)  in the case of fungible goods, are of fair average quality within the description; and
(c)  are fit for the ordinary purposes for which such goods are used; and
(d)  run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e)  are adequately contained, packaged, and labeled as the agreement may require; and
(f)  conform to the promises or affirmations of fact made on the container or label if any.
(3)  Unless excluded or modified (section 28-2-316) other implied warranties may arise from course of dealing or usage of trade.

History:
[28-2-314, added 1967, ch. 161, sec. 2-314, p. 351.]


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