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Torts • Products Liability
TORT#080
Legal Definition
IWM is implied in every sale of goods. It holds that merchants who deal in goods of the kind warrant that the goods they sell (1) are of fair average quality and fit for the ordinary purposes for which such goods are used; (2) are properly packaged or labeled; and (3) conform to the promises or affirmations made on the container or label.
To establish a breach, the plaintiff must show: (1) the product failed to live up to this standard, and (2) the failure proximately caused their damages.
In addition to the buyer of the product, their family, household, and guests may also sue.
To establish a breach, the plaintiff must show: (1) the product failed to live up to this standard, and (2) the failure proximately caused their damages.
In addition to the buyer of the product, their family, household, and guests may also sue.
Plain English Explanation
Breach of implied warranty of merchantability (IWM) is all about the basics of selling goods, and it’s automatically included in every sale of goods by a merchant. Merchants who regularly deal in goods of a certain type are basically making some promises when they sell you something.
First, they’re promising that the goods are of "fair average quality" and that they’ll work for the ordinary things you’d use them for. So, if you buy a toaster, it better toast your bread. If it doesn’t, there could be a breach. The goods also have to be packaged or labeled properly, which means no sketchy, misleading labels or dangerous packaging. Finally, the product should live up to any promises made on the packaging. If the box says "gluten-free," but the product contains gluten, that’s a problem.
If a product doesn’t meet these standards, the buyer (or even their family or guests) can file a claim. To win, though, they must show that the product failed to meet the expected standard and that this failure caused some kind of harm or damage. It’s not enough that the product didn’t work—it has to have caused actual harm. So, for example, if a defective toaster catches fire and burns down your kitchen, that’s a breach of IWM.
First, they’re promising that the goods are of "fair average quality" and that they’ll work for the ordinary things you’d use them for. So, if you buy a toaster, it better toast your bread. If it doesn’t, there could be a breach. The goods also have to be packaged or labeled properly, which means no sketchy, misleading labels or dangerous packaging. Finally, the product should live up to any promises made on the packaging. If the box says "gluten-free," but the product contains gluten, that’s a problem.
If a product doesn’t meet these standards, the buyer (or even their family or guests) can file a claim. To win, though, they must show that the product failed to meet the expected standard and that this failure caused some kind of harm or damage. It’s not enough that the product didn’t work—it has to have caused actual harm. So, for example, if a defective toaster catches fire and burns down your kitchen, that’s a breach of IWM.
Related Concepts
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