{"data":{"id":"us-dc/d.c.-code-28-2-314","jurisdiction":"us-dc","citation":"D.C. Code § 28:2-314","heading":"Implied warranty: merchantability; usage of trade.","body":"(1)\nUnless excluded or modified (section 28:2-316), 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.\n\n(2)\nGoods to be merchantable must be at least such as\n(a)\npass without objection in the trade under the contract description; and\n(b)\nin the case of fungible goods, are of fair average quality within the description; and\n(c)\nare fit for the ordinary purposes for which such goods are used; and\n(d)\nrun, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and\n(e)\nare adequately contained, packaged, and labeled as the agreement may require; and\n(f)\nconform to the promises or affirmations of fact made on the container or label if any.\n\n(3)\nUnless excluded or modified (section 28:2-316), or implied warranties may arise from course of dealing or usage of trade.","path":["Title 28. Commercial Instruments and Transactions. [Enacted title]","Subtitle I. Uniform Commercial Code.","Article 2. Sales.","Part III. General Obligation and Construction of Contract."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/28:2-314","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"09e3f923128edaf7a6003372f4f05505e830fa34b820d8eb65a84bb4d5f9dc75","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-28-2-313","next":"us-dc/d.c.-code-28-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}