Shirley purchased a used electric pressure cooker from a yard sale in her neighborhood. When she used it for the first time, the pressure cooker exploded. The seller in this case is in breach of the implied warranty of merchantability.

Question

Shirley purchased a used electric pressure cooker from a yard sale in her neighborhood. When she used it for the first time, the pressure cooker  exploded. The seller in this case is in breach of the implied warranty of merchantability.

Quizplus · Accepted Answer

The implied warranty of merchantability typically applies to sales by merchants, not to private sales between individuals, such as items sold at a yard sale.

Shirley Purchased a Used Electric Pressure Cooker from a Yard