An implied warranty is a legal guarantee that a product or service will meet certain standards of quality and performance, even if it is not explicitly stated in a contract or agreement. Unlike express warranties, which are explicitly promised by a seller or provider, implied warranties are automatically imposed by law to protect consumers and ensure that goods and services are fit for their intended purpose. Implied warranties typically arise in transactions involving the sale of goods, such as the implied warranty of merchantability, which assures that a product is reasonably fit for its ordinary purpose, and the implied warranty of fitness for a particular purpose, which assures that a product will meet specific needs communicated by the buyer to the seller. Implied warranties cannot be disclaimed or waived in many jurisdictions, and sellers may be held liable for breaching these warranties if their products or services fail to meet the required standards of quality and performance.
An unwritten warranty that results automatically from Federal or state laws. Such warranties are often legally enforceable.
A guarantee about the quality of goods or services purchased that is not written down or explicitly spoken. Virtually everything you buy comes with two implied warranties. One for “merchantability” and one for “fitness.” The implied warranty of merchantability is an assurance that a new item will work for its specified purpose. The item doesn’t have to work wonderfully, and if you use it for something it wasn’t designed for, say trimming shrubs with an electric carving knife, the warranty doesn’t apply. The implied warranty of fitness applies when you buy an item for a specific purpose. If you notified the seller of your specific needs, the item is guaranteed to meet them. For example, if you buy new tires for your bicycle after telling the store clerk that you plan to use them for mountain cycling and the tires puncture when you pass over a small rock, the tires don’t conform to the warranty of fitness.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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