Which of the following describes implied warranties?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Implied warranties are those that arise by operation of law rather than being expressly stated in a contract. Among these, the most prominent are the warranty of merchantability and the warranty of fitness for a particular purpose.

The warranty of merchantability ensures that goods sold are of average acceptable quality and are generally fit for the purpose for which they are sold. This implies that the goods will perform as expected by consumers. The warranty of fitness for a particular purpose comes into play when a seller knows that the buyer intends to use the goods for a specific purpose and the buyer relies on the seller’s expertise for that purpose. If a product fails to meet these standards, the buyer has a claim based on the breach of the implied warranty.

In contrast, warranties explicitly stated in a written contract are considered express warranties, which do not fall under the category of implied warranties. Additionally, implied warranties generally apply broadly to all goods sold, not just specific ones, and they are not granted by the buyer but rather arise from the nature of the transaction between buyer and seller under UCC regulations. Thus, option B accurately captures the essence of implied warranties by identifying the specific categories that are inherently included.

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