The Research Of Implied Warranty On Quality In The Trade Of USA

Implied warranty is one of the most distinctive legal institutions in the common law. Originated from ancient Rome, it was eventually accepted in Sale of Goods Act of England. Whereafter, a great many of clauses in Uniform Commercial Code confirmed the implied warranty and let this institution reach its peak. The implied warranty on quality, which can be divided into merchantability and fitness for particular purpose, is one class of implied warranty. In this thesis, I focus on the implied warranty on quality in the trade of USA, and study this institution in the Uniform Commercial Code, and then find its values such as fairness, efficiency and freedom. In the end of this article, compared with the related regulations and the viewpoints summarized in China, the writer holds that the legal system of our country does not contain the implied warranty on quality. To solve this problem, we should perfect our legislation and combine our judicial experiences with the practical situation in China, and finally to serve our socialist market economy.