Whether an implied warranty arises out of the circumstances under which the parties enter into a contract may depend on:
A)the type of contract entered into.
B)the seller's merchant or non-merchant status.
C)applicability of other statutes.
D)All of the above.
E)None of the above.

Question

Quizplus · Accepted Answer

All of the factors listed (type of contract, seller's merchant or non-merchant status, and applicability of other statutes) can potentially affect whether an implied warranty arises in a contract. For example, contracts for the sale of goods are often subject to the implied warranty of merchantability, which only applies to goods sold by a merchant. Other statutes, such as the Magnuson-Moss Warranty Act, may also impact the applicability of implied warranties.

Whether an Implied Warranty Arises Out of the Circumstances Under