What is “implied warranty of merchantability”?
In Louisiana, implied warranty of merchantability is an element of law related to products liability. This warranty requires that products sold to consumers are fit for normal use and can be used as intended. For instance, if you buy a couch for your living room from a furniture store, the couch must be able to support a person sitting on it for a reasonable length of time. If the couch suddenly breaks or fails to perform the function of providing a comfortable seat, you can demand a refund or replacement based on the implied warranty of merchantability. This warranty also requires that the product must be of standard quality and free from defects that would harm its normal use. Furthermore, the product must have a reasonable amount of efficiency and the seller must truthfully know the product’s quality. Unlike express warrants, implied warranties are not stated out loud or in writing and do not require a signature. Therefore, if a product has a hidden defect or the seller was aware of the dangers of the product but failed to disclose it, the seller can be held liable for damages. In summary, implied warranty of merchantability is an element of law in Louisiana that requires that products must be fit for normal use and sold without any hidden defects. This warranty provides extra security for consumers who buy products from sellers that could possibly be defective and dangerous.
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