merchantability

Thân thiện

A quality inspector checks the merchantability of fresh produce at a market.

Definition

Noun: * The state of being fit for market; ready to be bought or sold: This is a legal and commercial term describing the condition of goods being of acceptable quality and suitable for their ordinary purpose. It implies that the goods meet basic standards and are reasonably safe and functional for a typical buyer.

Usage

"Merchantability" is a specialized term used primarily in legal, commercial, and business contexts. It is a key concept in contract law, particularly under statutes like the Uniform Commercial Code (UCC) in the United States. It is often used in discussions about warranties, consumer rights, and product liability. * A seller may provide an implied warranty of merchantability, which is an unspoken guarantee that the product is fit for its general purpose. * The term is used to assess whether a product has a defect that makes it unmerchantable.

Examples

• The law implies a warranty of merchantability for all goods sold by a merchant, meaning they must be fit for the ordinary purposes for which such goods are used.
• The court found the product lacked merchantability because its design flaw made it unsafe for normal use.
• A key question in the lawsuit was whether the software's persistent bugs rendered it unmerchantable.

Advanced Usage

• "Implied warranty of merchantability": A fundamental legal guarantee, not written in a contract, that goods are reasonably fit for the general purpose for which they are sold. This warranty is automatically applied in many jurisdictions when a seller is a merchant of those kinds of goods.
• "Fit for the ordinary purpose": This is the core test for merchantability. For example, a toaster must toast bread, and a pen must write.
• "Of fair average quality": Part of being merchantable is that the goods pass without objection in the trade under the contract description.

Variants and Related Words

• Merchantable (adj): Describes goods that are fit for market. (e.g., )
• Unmerchantable (adj): Describes goods that are not fit for market. (e.g., )

Synonyms

• Marketability
• Salability
• Fitness for purpose (in a legal sense)

Antonyms

• Unmerchantability
• Unfitness
• Defectiveness

Học thuật

Noun

1. the state of being fit for market; ready to be bought or sold