Would food be covered by an express or implied warranty? I answered with an implied warranty called warranty of merchantability. Am I correct?
Yes, that is correct.
Yes, you are correct. Food would typically be covered by an implied warranty called the warranty of merchantability. This warranty applies when a seller is in the business of selling food products and implies that the food is reasonably fit for consumption. It means that the food should be safe to eat, free from defects, and of a quality that a reasonable consumer would expect.
To arrive at this answer, you likely understood that there are two types of warranties – express and implied. An express warranty is explicitly stated by the seller, either orally or in writing, and provides specific promises or guarantees about the product. On the other hand, an implied warranty is not explicitly stated but is automatically provided by law based on the nature of the transaction or the expectations of the parties involved.
Since food is perishable and consumers rely on sellers to provide safe and consumable products, an implied warranty of merchantability is applied to ensure that the food is suitable for human consumption. This warranty is automatically implied by law, even if the seller doesn't explicitly mention it.
In summary, when you mentioned the implied warranty of merchantability in relation to food, you provided a correct and logical response based on legal principles.