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AMI 2509 Implied Warranty of Merchantability

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2509
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 25. UCC Sales Contracts
AMI 2509 Implied Warranty of Merchantability
[Unless excluded or modified,] 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.]
To be merchantable, goods must be at least such as are fit for the ordinary purposes for which they are used [and:]
[Pass without objection in the trade under the contract description;] [and]
[In the case of fungible goods, are of fair average quality within the description;] [and]
[Run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved;] [and]
[Are adequately contained, packaged, and labeled as the agreement may require;] [and]
[Conform to the promises or affirmations of fact made on the container or label if any.]
[“Fungible goods” are (either) goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit (or)(goods that are treated as equivalent by agreement.)]
NOTE ON USE
Use this instruction when the plaintiff claims the contract included an implied warranty of merchantability. Use the first bracketed phrase if there is an issue of exclusion or modification of the warranty and also use AMI 2514. Use the bracketed language at the end of the first paragraph if there is an issue of fact as to whether the defendant is a merchant and also use AMI 2506 with this instruction. Use the remaining bracketed paragraphs as warranted by the evidence.
COMMENT
This instruction is based on Ark. Code Ann. §§ 4-2-314(1), (2) and 4-1-201(18). See F.L. Davis Builders Supply, Inc. v. Knapp, 42 Ark. App. 52, 59, 853 S.W.2d 288, 291 (1993) (affirming a verdict based on breach of the implied warranty of merchantability in favor of a poultry grower against the manufacturer and seller of foam insulation board used in the construction of chicken houses whose foil facers fell off, reducing the insulating quality of the board).
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