implied warranty
Express and Implied Warranties
The law divides warranties into "express" and "implied" warranties. Express warranties are any promises to back up the product that the seller expresses either in writing or orally. Suppose your friend bought your Edsel and you said, "I guarantee you'll get another ten thousand miles out of this transmission." That's an express warranty. It isn't an opinion about quality or value, such as, "This Edsel is the best used car for sale in town." "Best" could mean anything to the speaker -- best color, best looking, best status symbol. You as a consumer are expected to understand that. In contrast, an express warranty is a specific statement of fact or a promise.
In contrast, a warrantor -- the person making the warranty -- does not state implied warranties at all. They're "automatic," or implied by law, in certain kinds of transactions. There are two main types of implied warranties: The implied warranty of merchantability and the implied warranty of fitness for a particular purpose. There also is an implied warranty of title in a sale and an implied warranty against interference in a lease.)
The implied warranty of merchantability. When someone is in the business of selling or leasing a specific kind of product, the law requires that the item be adequate for the purpose for which it is purchased or leased. This is a general rule of fairness -- that what looks like a carton of milk in the supermarket dairy case really is drinkable milk and not sour or unusable. The implied warranty of merchantability applies only if the seller is in the business of calling the item that is the subject matter of the sale. So it wouldn't apply to someone buying your Edsel , unless you were in the business of selling cars.
The implied warranty of fitness for a particular purpose. Another type of implied warranty is the implied warranty of fitness for a particular purpose, which means that any seller or lessor (even a nonprofessional) is presumed to guarantee that an item will be fit for any particular purpose for which it is being sold -- as long as the buyer makes that purpose known and the seller knows that the buyer is relying on him to provide a suitable item. When you sell your used Edsel to your friend you make this warranty if you understand your friend's purpose is to race the car, and understand that she is relying on you to provide a car for that purpose, as opposed to basic transportation. Or suppose your friend told you she needed a car that could tow a trailer full of granite up steep mountains in the snow and was relying on your Edsel to do the job When, with this knowledge, you sell the Edsel to your friend, you make an implied warranty that it can do that. When the car fails in that purpose, your warranty will have been breached. On the other hand, if your friend tells you she's buying your car only because she needs spare Edsel parts, you can sell your Edsel -- even if it's sitting out back on cinder blocks -- without breaching any warranty.