2011 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
Sec. 42a-2-314. Implied warranty: merchantability; usage of trade.

      Sec. 42a-2-314. Implied warranty: merchantability; usage of trade. (1) Unless excluded or modified as provided by section 42a-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 as provided by section 42a-2-316 other implied warranties may arise from course of dealing or usage of trade.

      (1959, P.A. 133, S. 2-314.)

      Cited. 176 C. 245. Cited. 181 C. 62. Cited. 182 C. 561. Cited. 184 C. 10; Id., 607. Cited. 191 C. 150. Cited. 216 C. 65.

      Cited. 1 CA 690. Cited. 2 CA 308. Cited. 27 CA 688; Id., 810. Cited. 33 CA 575. Clear purpose of implied warranty of merchantability is not to assign blame, but to assign risk and that fault is not an element of plaintiff's case for breach of that warranty where defendant unknowingly sold plaintiff a vehicle with a salvage history. 87 CA 687.

      Cited. 37 CS 735. Cited. 42 CS 153.

      Cited. 4 Conn. Cir. Ct. 344, 345. When salesman for defendant car dealer several times informed plaintiff car was sold "as is" and "no guarantee" was stamped on sales contract and receipt given plaintiff, there was no implied warranty of fitness in sale of the car. Id., 685.

      Subsec. (1):

      Cited. 203 C. 342.

      Where defendant restaurateur, sued by plaintiff customer who consumed defective clams, impleaded third party defendant as supplier, statute of limitations barred third party action and demurrer to third party complaint was sustained. 28 CS 385. To establish breach of implied warranty or merchantability under this section, it must be proven that the "goods" were not merchantable at time of sale. 33 CS 108.

      Subsec. (2):

      Cited. 203 C. 342.

      Subdiv. (c) cited. 6 Conn. Cir. Ct. 482.