For an implied warranty of merchantability to exist, there must have been a sale of goods (University of Maryland Global Campus, n.d.). Implied warranty of merchantability is an understanding that a product sold by a merchant-seller should be of at least fair or average quality within the description of the product and is fit to be used for its ordinary purpose (Cornell Law School, n.d.). Implied warranties are not written or communicated in print nor found in a contract and do not guarantee the product is of great quality, however, it should serve its intended purpose (University of Maryland Global Campus, n.d.). It is important to understand that all (new and used) products carry an implied warranty of merchantability, however, a defective product would breach the implied warranty of merchantability because it will not serve its intended purpose (University of Maryland Global Campus, n.d.).

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