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O.C.G.A. § 11-2-314

Implied warranty: merchantability; usage of trade

Applied in 4 court decisions — leading case 880 F. Supp. 2d 801 - In re Porsche Cars North America, Inc. (2012)

Most recently applied in Dennis Speerly v. General Motors, LLC (June 2025)

Code 1933, § 109A-2-314, enacted by Ga

How often courts cite this section

20122020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Unless excluded or modified (Code Section 11-2-316), 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 Code 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 descrip-

tion; 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 agree-

ment 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 (Code Section 11-2-316) other implied warranties may arise from course of dealing or usage of trade.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.