Business Law The Implied Warranty of Merchantability Discussion

Sources to be used:

Overview:  Tort Law – Product Liability

Read/Watch:

Products Liability

Manufacturing Defect v. Design Defect

Warranties and Product Liability

Summary of Product Liability Law:  click link below, please

/content/enforced/375136-M_001041-01-2192/Business Law I (Week 3) (1).pdf

Part 1:

During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases.  During the Discussion of GC’s new business, the group discusses the following question:

(1) Analyze and explain implied warranty of merchantability.

(2)

Analyze and explain specifically how and why GC could be sued for breach of implied warranty of merchantability under product liability law for using EPI cleaning products to clean GC clients’ commercial property. `

Part 2:

Respond to at least one colleague’s response.

“Analyze and explain the implied warranty of merchantability.

Implied warranty of merchantability is the guarantee that a product can be used for its intended purpose. The key takeaway from an implied warranty of merchantability is that a company does not have to write on the product or tell their customers the product will work for its intended use, rather the law already guarantees customers that the product will work and is up to industry standards.

Analyze and explain specifically how and why GC could be sued for breach of implied warranty of merchantability under product liability law for using EPI cleaning products to clean GC clients’ commercial property. `

GC could be sued because, under the implied warranty of merchantability, products in the market are supposed to be safe. Under the law, “Manufacturers, distributors, and vendors are held responsible for the injuries resulting from accidents caused by defective products” (Baldwin Hare & McGovern, 1998).