{"data":{"id":"us-id/idaho-code-28-2-314","jurisdiction":"us-id","citation":"Idaho Code § 28-2-314","heading":"Implied warranty — Merchantability — Usage of trade.","body":"(1) Unless 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(2) Goods to be merchantable must be at least such as\n(a) pass without objection in the trade under the contract description; and\n(b) in the case of fungible goods, are of fair average quality within the description; and\n(c) are fit for the ordinary purposes for which such goods are used; and\n(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and\n(e) are adequately contained, packaged, and labeled as the agreement may require; and\n(f) conform to the promises or affirmations of fact made on the container or label if any.\n(3) Unless excluded or modified (section 28-2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["TITLE 28 COMMERCIAL TRANSACTIONS","CHAPTER 2 UNIFORM COMMERCIAL CODE — SALES","PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title28/t28ch2/sect28-2-314/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T11:18:11Z","sha256":"fc448004a699f35ff8ce37ff0edd1fcaca2c9a118d175da8ab94fbbf3ea4dfef","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-28-2-313","next":"us-id/idaho-code-28-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}
