Question

Joey sells a clock from his store through an online auction website. He has never met the buyer, Rod, and had no communication with him before the sale agreement. When he sends the clock, he does not disclaim any warranties. The sale most likely automatically carries with it the implied warranty of:

Answer 1

Answer: merchantability

Explanation: In simple word, merchantibility refers to the characteristics of a product or service that makes it reasonably useful for the customer. It implies the features that a commodity has that is expected for a customer and for which such product has been manufactured and sold.

Any commodity that is merchantable possess some implied warranty due to the warranties offered for similar products in the market. Implied warranties refers to the terms of law that are presumed to be made by the seller to the producer while dealing.

In the given case, the warranties would not be disclaimed as only the medium of transaction is unusual, the commodity is same.