What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose

January 24, 2023

Background/Facts: The group plans to purchase PPE and cleaning supplies from Environmental Pro, Inc. (EPI), a mid-sized manufacturer incorporated in a nearby state, that produces chemical-free, environmentally-friendly cleaning products.  The four are familiar with the corporation as each has purchased EPI products for their respective current businesses.  The four friends intend to resell certain EPI products directly to Clean clients.  The Clean group plans to market and advertise its services and resell EPI products through print, television, radio, internet, and social media.  During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases.  During the discussion of Clean’s new business, the group discusses the following questions:

(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?

(2) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. `

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