Pleading Implied Warranty of Merchantability Claims Checklist

Summary

This checklist discusses pleading implied warranty of merchantability claims in commercial litigation matters pursuant to Article 2 of the Uniform Commercial Code (UCC). This checklist provides a general explanation of the implied warranty of merchantability claims, including the required elements for alleging such claims, but does not cover specific state or federal law distinctions or requirements. Counsel should therefore review the applicable state and/or federal law regarding your client's implied warranty claims and ascertain if there are any additional required elements for the claim in the relevant jurisdiction and/or forum, and whether additional state or federal laws may apply to the subject sales transaction. Counsel should also consider additional claims involving other warranties, such as express warranties, the implied warranty of fitness for a particular purpose, strict liability, and other breach of contract-related claims.