(1) Unless excluded or modified (Section 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.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the contract description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods are used; and
(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged, and labeled as the agreement may require; and
(f) conform to the promises or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.
5A Del. C. 1953,
§§
2-314;
55 Del. Laws, c. 349.;
Notes of Decisions
Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009).
· cites it 4× “NuMed contends that it is entitled to summary judgment on Plaintiffs express warranty claim since “Plaintiff has not identified any express warranty about the stent made by NuMed.”
Kathleen M. Szczerba v. Am. Cigarette Outlet, Inc. (Del. Super. Ct. 2016).
· cites it 3× “42 Under 6 Del. C. § 2-314, “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.”
Staging Dimensions, Inc. v. KP Walsh Assocs., Inc. (Del. Ct. Com. Pl. 2020).
· cites it 2× “6! 6 Del. C. § 2-314. 62 Id. 13 in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.”
Ballard Concrete, LLC v. CDE Global, ID (Del. Super. Ct. 2025).
· cites it 2× “§2-313); 6) breach of implied warranty of merchantability (6 Del. C. §2-314); 7) breach of the implied warranty of fitness for a particular purpose (6 Del.”
Miller v. Leidos, Inc. (Del. Super. Ct. 2024).
“§ 2-316; 6 Del. C. § 2-314(1) (stating implied warranty of merchantability claims are only recognized if not excluded or modified); 6 Del.”
Superior Screen & Glass, Inc. v. Cahill & Vandersal (Del. Super. Ct. 2025).
“47 6 Del. C. § 2-314(2)(c). 15 (3) the defective goods must have caused injury to the buyer; (4) the proximate cause of the buyer’s injury must be the defective nature of the goods; and (5) the seller/merchant must have had notice of the injury.”
— 6 Del. C. § 2-314(1) — 2 cases
Kathleen M. Szczerba v. Am. Cigarette Outlet, Inc. (Del. Super. Ct. 2016).
“42 Under 6 Del. C. § 2-314, “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.”
Miller v. Leidos, Inc. (Del. Super. Ct. 2024).
“§ 2-316; 6 Del. C. § 2-314(1) (stating implied warranty of merchantability claims are only recognized if not excluded or modified); 6 Del.”
— 6 Del. C. § 2-314(2)(c) — 1 case
Superior Screen & Glass, Inc. v. Cahill & Vandersal (Del. Super. Ct. 2025).
“47 6 Del. C. § 2-314(2)(c). 15 (3) the defective goods must have caused injury to the buyer; (4) the proximate cause of the buyer’s injury must be the defective nature of the goods; and (5) the seller/merchant must have had notice of the injury.”
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