California Commercial Code

§ 2314

COM § 2314Div. 2 · Ch. 3

Statute text

(1)Unless excluded or modified (Section 2316), 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

…

Legislative history

Enacted by Stats. 1963, Ch. 819.