Question

Replay Sports Stores and SportsPower Products, Inc., enter into a contract for a sale of trampolines. SportsPower Products is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises

Answer 1

Answer: Automatically

Explanation: The warranty of merchantability could be explained as a guarantee that a product purchased will meet the usual and regular standard or requirement of such product. Under the Uniform Commercial Code, the warranty of merchantability is implied as this automatic unless the defects in the regular nature or specification of the product is clearly stated. In the scenario above, the warranty of implied merchantability automatically arises in the sale of the trampolines and as such, the trampoline must meet the regular standard of the product since no defect is explicitly stated in the regular specification.