Oklahoma Statutes

Okla. Stat. tit. 12A, § 2-314 (2026)

Implied Warranty: Merchantability; Usage of Trade

✓ current as of July 2026

Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

(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. Added by Laws 1961, p. 82, § 2-314.

Notes of Decisions

Cited in 19 cases (5 in the last 5 years), 1975–2024 · leading case: Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013).

Sort: Relevance Newest Treatment

Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013). · cites it 2× “” Okla. Stat. tit. 12A, § 2-313(l)(a)-(c). Unless excluded or modified, a warranty that goods are “merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”

Redwine v. Baptist Gen. Convention of Oklahoma, 681 P.2d 1121 (Okla. Civ. App. 1984). · cites it 4× “By doing so, she attempts to bring herself within the protection of Uniform Commercial Code implied warranty provisions, 12A O.S. 1981 §§ 2-314 to 318, and more particularly, within its five year statute of limitations.”

Dennis Speerly v. Gen. Motors, LLC, 115 F.4th 680 (6th Cir. 2024). “; breach of express warranty, Okla. Stat. tit. 12A, § 2-313; and breach of implied warranty, Okla.”

Cook v. Downing, 891 P.2d 611 (Okla. Civ. App. 1994). · cites it 2× “The implied warranty of merchantability is codified at 12A O.S. 1991 § 2-314 and deserves a closer look.”

Sisemore v. Dolgencorp, LLC, 212 F. Supp. 3d 1106 (N.D. Okla. 2016). “Under Okla. Stat. tit. 12A, § 2-314, to be considered “merchantable,” goods “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…”

O'Dell v. DeJean's Packing Co., Inc., 585 P.2d 399 (Okla. Civ. App. 1978). “12A O.S.1971 §§ 2-314 — ^315. Most states, if not all, have similar laws; however, there is a division of authority as to what test or tests will be applied when a consumer is damaged by a food or drink item.”

Perry v. Lawson Ford Tractor Co., 613 P.2d 458 (Okla. 1980). “Under 12A O.S.1971 § 2-314(2) goods are merchantable when, at the least, they are fit for the ordinary purposes for which they are used.”

Green v. Safeway Stores, Inc., 541 P.2d 200 (Okla. 1975). · cites it 2× “Courts have held that the sale of goods under 12A O.S. 1971 § 2-314 includes the sale of the container and the warranty of merchantability applies equally to the packaging.”

Hester v. Purex Corp. Ltd., 534 P.2d 1306 (Okla. 1975). “12A O.S.1971, § 2-314 which reads: (1) ..”

Williams v. Braum Ice Cream Stores, Inc., 534 P.2d 700 (Okla. Civ. App. 1975). “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.”

Nester Com. Roofing, Inc. v. Am. Builders & Contractors Supply Co., 250 F. App'x 852 (10th Cir. 2007). “See Okla. Stat. tit. 12A, § 2-314(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.”

Santine v. Coca Cola Bottling Co., 591 P.2d 329 (Okla. Civ. App. 1979). “Under 12A O.S.1971, § 2-314, the implied warranty of merchantability specifically applies to food or drink.”

Show all 19 citing cases →

— Okla. Stat. tit. 12A, § 2-314(1) — 3 cases

Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013). “” Okla. Stat. tit. 12A, § 2-313(l)(a)-(c). Unless excluded or modified, a warranty that goods are “merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”

Schrock v. Wyeth Inc. (10th Cir. 2013).

— Okla. Stat. tit. 12A, § 2-314(2) — 2 cases

Mustang Fuel Corp. v. Youngstown Sheet & Tube Co., 411 F. Supp. 705 (W.D. Okla. 1976).

— Okla. Stat. tit. 12A, § 2-314(2)(c) — 3 cases

Mouser v. Keystone RV Co. (N.D. Ind. 2023).

Schrock v. Wyeth Inc. (10th Cir. 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.