What is the implied warranty of fitness, merchantability and durability in a commercial contract of purchase?
British Columbia, Canada
The following excerpt is from Turner et al v. Hall et al, 2019 BCCRT 637 (CanLII):
23. Under section 18(a), (b) and (c) of the SGA, commercial contracts of purchase are subject to the implied warranties of fitness, merchantability and durability. In a private sale, only the implied warranty of durability under section 18(c) applies. It says there is an implied warranty that the items sold will be durable for a reasonable period when put to normal use and considering the surrounding circumstances of the sale. Factors to consider are the age and mileage of the vehicle, the nature of use before and after purchase, the price paid, the reasons for any defects, and the expectations of the parties (see for example, Sugiyama v. Pilsen, 2006 BCPC 265 ).
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