Idaho § 28-2-314 IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE

Idaho Statutes

§ 28-2-314 — IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE

Idaho § 28-2-314

Title 28COMMERCIAL TRANSACTIONS

Part 3.GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

Ch. 2UNIFORM COMMERCIAL CODE — SALES

This text of Idaho § 28-2-314 (IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 28-2-314 (2026).

Text

(1)Unless excluded or modified (section 28-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2)Goods to be merchantable must be at least such as

(a)pass without objection in the trade under the contract description; and

(b)in the case of fungible goods, are of fair average quality within the description; and

(c)are fit for the ordinary purposes for which such goods are used; and

(d)run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e)are adequately contained, package

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(1) Unless excluded or modified (section 28-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the contract description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods are used; and
(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged, and labeled as the agreement may require; and
(f) conform to the promises or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (section 28-2-316) other implied warranties may arise from course of dealing or usage of trade.