W. Va. Code » §46-2-314. Implied warranty: Merchantability; usage of trade.
West Virginia Code

W. Va. Code § 46-2-314 (2026)

Implied warranty: Merchantability; usage of trade

✓ current as of May 2026
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ARTICLE 2. SALES.

§46-2-314. Implied warranty: Merchantability; usage of trade.

(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.

Notes of Decisions
Cited in 32 cases (7 in the last 5 years), 1978–2025 · leading case: Keffer v. Wyeth, 791 F. Supp. 2d 539 (S.D.W. Va 2011).
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Keffer v. Wyeth, 791 F. Supp. 2d 539 (S.D.W. Va 2011). · cites it 11× “Implied Warranty of Merchantability Section 46-2-314 of the West Virginia Code, which is adopted from the Uniform Commercial Code (“U.C.C.”) § 2-314, states that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant…”
Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). · cites it 8× “D) Count Four: Breach of Implied Warranty of Merchantability The Bennetts claim that Skyline breached the implied warranty of merchantability contained in W. Va.Code §§ 46-2-314 and 46A-6-107. A warranty of merchantability is implied, unless excluded or modified, in every…”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978). · cites it 2× “In 1963 the Legislature, by enacting the Uniform Commercial Code, implied into contracts for the sale of goods a warranty of *379 merchantability, W.Va. Code § 46-2-314, and of fitness for particular purpose, W.”
Raab v. Smith & Nephew, Inc., 150 F. Supp. 3d 671 (S.D.W. Va 2015). · cites it 3× “2011) (quoting W. Va. Code §§ 46-2-314 (2)(c) & 46-2-314(2)(e)).”
Anderson v. Chrysler Corp., 403 S.E.2d 189 (W. Va. 1991). · cites it 2× “W.Va.Code, 46-2-314 and -315. In Jones, there was no evidence of the specific defect in the sprinkler head; however, there was evidence that the sprinkler head had been installed only three months before the accident and had not been repaired or otherwise adjusted since that…”
Johns v. Eastman Chem. Co., 248 F. Supp. 3d 765 (S.D.W. Va 2017). · cites it 3× “Section 46-2-314 of the West Virginia Code states “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.”
ROHRBOUGH BY ROHRBOUGH v. Wyeth Labs., Inc., 719 F. Supp. 470 (N.D.W. Va. 1989). · cites it 2× “In addition to the Uniform Commercial Code requirement that goods “pass without objection in the trade,” W.Va.Code § 46-2-314, West Virginia also requires that goods fully comply with state and federal regulations.”
Emp. Teamsters-Local Nos. 175/505 Health & Welfare Trust Fund v. Bristol Myers Squibb Co., 969 F. Supp. 2d 463 (S.D.W. Va 2013). · cites it 2× “W. Va.Code § 46-2-314 (emphasis added). This statute is based on the Uniform Commercial Code.”
Hill v. Joseph T. Ryerson & Son, Inc., 268 S.E.2d 296 (W. Va. 1980). “There, we considered the scope of the implied warranty of merchantability under W. Va. Code 46-2-314, which is analogous to the judicially created remedy of implied warranty of fitness.”
Reed v. Sears, Roebuck & Co., Inc., 426 S.E.2d 539 (W. Va. 1992). · cites it 2× “…It is clear that there is no support from which to argue the existence of an implied warranty of merchantability. See W.Va.Code § 46-2-314 (1966).”
Mountaineer Contractors v. MOUNTAIN STATE, 268 S.E.2d 886 (W. Va. 1980). · cites it 2× “By merchantable, the Court means that such goods are fit for the ordinary purposes for which such goods are ordinarily used.”
Thacker v. Tyree, 297 S.E.2d 885 (W. Va. 1982). “Whatever its former status in the law of sales, the Uniform Commercial Code, by its implied warranty of merchantability and fitness found in W.Va.Code, 46-2-314 and 815, has virtually abolished the doctrine in the sale of goods.”
Show all 32 citing cases →
— W. Va. Code § 46-2-314(1) — 3 cases
Keffer v. Wyeth, 791 F. Supp. 2d 539 (S.D.W. Va 2011). “Implied Warranty of Merchantability Section 46-2-314 of the West Virginia Code, which is adopted from the Uniform Commercial Code (“U.C.C.”) § 2-314, states that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant…”
Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). “D) Count Four: Breach of Implied Warranty of Merchantability The Bennetts claim that Skyline breached the implied warranty of merchantability contained in W. Va.Code §§ 46-2-314 and 46A-6-107. A warranty of merchantability is implied, unless excluded or modified, in every…”
Sam Smith v. ExoMod Concepts, LLC, Richard Zev Katzeff, John Connolly, HDK of Bowling Green, LLC, & Dennis E. Laube (N.D.W. Va. 2025).
— W. Va. Code § 46-2-314(2)(a) — 1 case
Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). “D) Count Four: Breach of Implied Warranty of Merchantability The Bennetts claim that Skyline breached the implied warranty of merchantability contained in W. Va.Code §§ 46-2-314 and 46A-6-107. A warranty of merchantability is implied, unless excluded or modified, in every…”
— W. Va. Code § 46-2-314(2)(c) — 4 cases
Keffer v. Wyeth, 791 F. Supp. 2d 539 (S.D.W. Va 2011). “Implied Warranty of Merchantability Section 46-2-314 of the West Virginia Code, which is adopted from the Uniform Commercial Code (“U.C.C.”) § 2-314, states that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant…”
Ronnie Frazier v. Gen. Motors (W. Va. 2018).
Drennen v. Olympus Am., Inc. (S.D.W. Va 2022).
Lomangino v. Polaris Indus. Inc. (S.D.W. Va 2023).
— W. Va. Code § 46-2-314(2)(e) — 2 cases
Keffer v. Wyeth, 791 F. Supp. 2d 539 (S.D.W. Va 2011). “Implied Warranty of Merchantability Section 46-2-314 of the West Virginia Code, which is adopted from the Uniform Commercial Code (“U.C.C.”) § 2-314, states that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant…”
Johns v. Eastman Chem. Co., 248 F. Supp. 3d 765 (S.D.W. Va 2017). “Section 46-2-314 of the West Virginia Code states “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.”
— W. Va. Code § 46-2-314(3) — 1 case
Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). “D) Count Four: Breach of Implied Warranty of Merchantability The Bennetts claim that Skyline breached the implied warranty of merchantability contained in W. Va.Code §§ 46-2-314 and 46A-6-107. A warranty of merchantability is implied, unless excluded or modified, in every…”
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