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N.H. Rev. Stat. Ann. § 382-A:2-314

Implied Warranty: Merchantability; Usage of Trade

Known as the Uniform Commercial Code

The act spans §§ 382-A:1-101 to 382-A:9-809 (637 sections).

Applied in 4 court decisions — leading case 78 F. Supp. 3d 1051 - In re Carrier IQ, Inc. (2015)

Most recently applied in Luckey v. Alside, Inc. (March 2017)

Source. 1959, 247:1, eff

How often courts cite this section

199120002010201710
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 (Section 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 with 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 2-316) other implied warranties may arise from course of dealing or usage of trade.

Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.