New Mexico Forms Library

13-1430. Breach of implied warranty of merchantability.

            A supplier breaches the implied warranty of merchantability:

            [1. If the goods sold would be rejected by someone knowledgeable in the trade for failure to meet the contract description]; [or]

            [2. If goods sold in bulk are not of fair average quality for the type of goods described by the contract. The goods need not be the best quality but they must pass without objection in the trade]; [or]

            [3. If the [goods] [products] are not fit for the ordinary purposes for which such [goods] [products] are used]; [or]

            [4. If the goods do not run within variations permitted by the contract for the reason that there are wide differences in type, quality and quantity within delivered units and among all units involved]; [or]

            [5. If the [goods] [products] are not adequately contained, packaged and labeled as required by the contract]; [or]

            [6. If the [goods] [products] do not conform to the promises or statements made by the seller on the container or label]; [or]

            [7. If the food or drink is unwholesome or unfit for human consumption].

USE NOTES

            Select the bracketed material which fits the actual issues and evidence involved in the case. With this instruction, UJI 13-1429 must also be used. This list of items is not exclusive. Reference should be made to the Uniform Commercial Code 55-2-314 NMSA 1978 for further specifications.

[As amended by Supreme Court Order No. 08-8300-061, effective February 2, 2009.]