Jury Instruction Implied Warranty of Merchantability and Fitness Mississippi Form
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People also ask
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What is the implied warranty of merchantability in Mississippi?
In Mississippi, used cars less than 6 years old and driven less than 75,000 miles have an implied "warranty of merchantability" unless this is disclaimed as a special form. The most common type of implied warranty is the warranty of merchantability.
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Can you disclaim the UCC in a contract?
Generally, a seller who wants to disclaim U.C.C. warranties must do so specifically. A general statement that there are “no warranties, express or implied” is usually ineffective. Just how express a disclaimer needs to be depends on the kind of warranty being disclaimed.
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What is an implied warranty of merchantability?
The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability. This warranty makes the assumption that a good or product works for its intended purpose.
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Can you waive an implied warranty of merchantability?
1792.3. No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on an "as is" or "with all faults" basis where the provisions of this chapter affecting "as is" or "with all faults" sales are strictly complied with.
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What is meant under the UCC by implied warranties of merchantability and fitness for a particular purpose?
In short, merchantability means that the goods are generally acceptable, while fitness for a particular purpose means goods are specifically suitable. An implied warranty of habitability is the landlord's obligation to residential leases.
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Can an implied warranty of merchantability be disclaimed?
Unless the circumstances indicate otherwise, the implied warranty can be disclaimed by use of “as is,” “with all faults,” or similar language that makes plain that there is no implied warranty.
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Can you exclude an implied warranty?
You can sell without implied warranties—"as is"—in most, but not all states. To sell "as is" you must clearly and conspicuously disclaim implied warranties, generally in writing. You cannot avoid implied warranties if you offer a written warranty on a consumer product.
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What is the implied warranty of merchantability and the implied warranty of fitness?
Merchantability says that a product will meet reasonable expectations of the buyer, while fitness means the product meets the buyer's intended use.
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