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course of dealing, or usage of trade. Thus, courts have interpreted this rule to require that the goods be adequately packaged and labeled, as is suitable and appropriate for the type of good. [ See 2 Hawkland UCC Series § 2-314:3, Westlaw (database updated June 2021).] e. Conforming to Any Affirmations of Fact or Promises on the Label or Container Regardless of whether the contract requires any labels or containers, the goods must conform to any affirmations of fact or promises on the label or container. This rule is a subset of the overriding obligation of good faith. Good faith requires that the buyer not be put in the awkward position of having to use or resell goods with misrepresentations on the container, package, or label. At first blush, this rule may seem redundant, as any affirmations of fact or promises on the label normally give rise to an express warranty. But in the case of a retailer reselling goods obtained from a manufacturer, the retailer does not necessarily adopt any representations that the manufacturer placed on the goods’ label or container. Thus, merchantability requires, of any seller, that the goods conform to affirmations of fact or promises on the label or container, regardless of who put them there. [U.C.C. § 2-314, cmt. 11 (1951); 2 Hawkland UCC Series § 2-314:3, Westlaw (database updated June 2021).] Note : In rare cases, an affirmation of fact or promise on the goods’ container or label might not form part of the basis of the bargain. In that case, the affirmation or promise would not give rise to an express warranty. But the implied warranty of merchantability requires that the goods conform to any affirmations of fact or promises on the container or label, regardless of whether those affirmations or promises form part of the basis of the bargain. Thus, even here, the implied warranty of merchantability covers some important ground that the rules on express warranties do not. [2 Hawkland UCC Series § 2-314:3, Westlaw (database updated June 2021).] f. Other Implied Warranties Arising from Course of Dealing or Usage of Trade Unless excluded or modified under § 2-316, course of dealing or usage of trade may create implied warranties in addition to those discussed above. For instance, in the sale of a pedigreed dog or blooded bull, it is a common usage of trade that the seller will present papers to prove that the animal conforms to the contract. This usage of trade may give rise to an implied warranty that the seller will provide these papers, even though neither the contract nor Article 2 expressly requires it. If the seller fails to provide the papers, then the animal is unmerchantable. [ See U.C.C. § 2-314(3), cmt. 12 (1951).] 4. Tort Law and the Implied Warranty of Merchantability As alluded to above, the implied warranty of merchantability is the products-liability arm of Article 2. Broadly speaking, if a product is not reasonably safe for its intended or reasonably
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