Pavel bought a widget from Anna.He is disappointed because the widget is both unmerchantable and unfit for its intended purpose.Anna does not normally deal in widgets.As a result, Pavel can successfully sue on the basis of one of his complains, but not the other.

Question

Quizplus · Accepted Answer

Both the concepts of "merchantability" and "fitness for a particular purpose" are warranties implied in the sale of goods under the Uniform Commercial Code (UCC) in the United States. However, for these warranties to apply, the seller must be a merchant with respect to goods of that kind. Since Anna does not normally deal in widgets, she would not be considered a merchant of widgets, and therefore, the implied warranties of merchantability and fitness for a particular purpose would not automatically apply to her sale of the widget to Pavel. Thus, Pavel would not be able to successfully sue based on either complaint under these specific warranties.

Pavel Bought a Widget from Anna