Alaska Statutes
Alaska Stat. § 45.02.314 (2026)
Implied warranty: Merchantability; usage of trade
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 45.02.314. Implied warranty: Merchantability; usage of trade.
(a) Unless excluded or modified (AS 45.02.316), 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.
(b) Goods to be merchantable must at least
(1) pass without objection in the trade under the contract description;
(2) in the case of fungible goods, be of fair average quality within the description;
(3) be fit for the ordinary purposes for which the goods are used;
(4) run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved;
(5) be adequately contained, packaged, and labeled as the agreement requires; and
(6) conform to the promises or affirmations of fact made on the container or label.
(c) Unless excluded or modified (AS 45.02.316), other implied warranties may arise from course of dealing or usage of trade.
(a) Unless excluded or modified (AS 45.02.316), 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.
(b) Goods to be merchantable must at least
(1) pass without objection in the trade under the contract description;
(2) in the case of fungible goods, be of fair average quality within the description;
(3) be fit for the ordinary purposes for which the goods are used;
(4) run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved;
(5) be adequately contained, packaged, and labeled as the agreement requires; and
(6) conform to the promises or affirmations of fact made on the container or label.
(c) Unless excluded or modified (AS 45.02.316), other implied warranties may arise from course of dealing or usage of trade.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1982–2022 · leading case: Pratt & Whitney Canada, Inc. v. Sheehan, 852 P.2d 1173 (Alaska 1993).
Pratt & Whitney Canada, Inc. v. Sheehan, 852 P.2d 1173 (Alaska 1993). “See AS 45.02.314 & .315. Since the legislature had spoken regarding a purchaser's remedy for an unsatisfactory product: [A]doption of the doctrine of strict liability for economic loss would be contrary to the legislature’s intent when it authorized the .”
Shooshanian v. Wagner, 672 P.2d 455 (Alaska 1983). “See AS 45.02.314(a); Prince v. Le-Van, 486 P.”
Gen. Motors Corp. v. Farnsworth, 965 P.2d 1209 (Alaska 1998). “096(b)(3), renumbered as AS 45.02.314(3)). In this case, a jury that believed Farns-worth’s version of the facts could intelligently conclude that the Jimmy’s restraint system was unfit for ordinary use.”
Blake v. Guthy-Renker, LLC, 965 F. Supp. 2d 1076 (D. Alaska 2013). “Alaska Statute § 45.02.314 contains the implied warranty of merchantability, which requires that goods sold by merchants “be fit for the ordinary purposes for which the goods are used” and “conform to the promises or affirmations of fact made on the container or label.”
Rohweder v. Fleetwood Homes of Oregon, Inc., 767 P.2d 187 (Alaska 1989). “In regard to the merits, Fleetwood admitted that it owed Rohweder what was promised in an express warranty given as part of the sale, but argued that the only implied warranty applicable was that found in the Uniform Commercial Code (UCC), AS 45.02.314. It further argued that…”
Bendix Home Sys., Inc. v. Jessop, 644 P.2d 843 (Alaska 1982). “See AS 45.02.314(a), which provides in part that [u]nless excluded or modified (AS 45.”
In re Evenflo Co., Inc. v., No. 22-1133P (1st Cir. Nov. 23, 2022). “, Alaska Stat. § 45.02.314 (adopting similar language).”
Pierre v. Healthy Beverage LLC, No. 2:20-cv-04934, 2022 WL 596097 (E.D. Pa. Feb. 28, 2022). “Alaska Stat. Ann. § 45.02.314 (b)(6); Cal.”
Alaska Stat. § 45.02.314(3): 1 case
Gen. Motors Corp. v. Farnsworth, 965 P.2d 1209 (Alaska 1998). “096(b)(3), renumbered as AS 45.02.314(3)). In this case, a jury that believed Farns-worth’s version of the facts could intelligently conclude that the Jimmy’s restraint system was unfit for ordinary use.”
Alaska Stat. § 45.02.314(a): 2 cases
Shooshanian v. Wagner, 672 P.2d 455 (Alaska 1983). “See AS 45.02.314(a); Prince v. Le-Van, 486 P.”
Bendix Home Sys., Inc. v. Jessop, 644 P.2d 843 (Alaska 1982). “See AS 45.02.314(a), which provides in part that [u]nless excluded or modified (AS 45.”
Alaska Stat. § 45.02.314(b)(3): 1 case
Blake v. Guthy-Renker, LLC, 965 F. Supp. 2d 1076 (D. Alaska 2013). “Alaska Statute § 45.02.314 contains the implied warranty of merchantability, which requires that goods sold by merchants “be fit for the ordinary purposes for which the goods are used” and “conform to the promises or affirmations of fact made on the container or label.”
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