In a contract for the sale of goods, the goods must be of a certain quality, as stated in the contract. This quality can be described in many ways, but most commonly, it is measured by a set of standards or criteria. The most common way to describe the quality of goods in a sales contract is through the use of “MCQ”, which stands for “merchantable quality”.
Merchantable quality refers to the quality of goods that are fit for their intended purpose. The goods must be of a quality that is expected for their intended use, and must be able to be sold to the general public without any noticeable defects or flaws. Merchantable goods are those that are free from defects that would make them unsuitable for their intended use.
The concept of merchantable quality can be traced back to the Uniform Commercial Code, which is a set of laws that govern commercial transactions in the United States. The UCC defines merchantable quality as “goods that are fit for the ordinary purposes for which such goods are used”. This means that the goods must be free from defects that would render them unsuitable for their intended use.
When writing a sales contract, it is important to include a clause that specifies the quality of the goods being sold. This clause should include language that describes the goods as being of merchantable quality, or equivalent language that conveys the same message. By including this clause, both the buyer and seller are protected in the event that the goods are not of the expected quality.
In addition to the merchantable quality clause, a sales contract should also include provisions that address issues related to warranties, remedies for breach of contract, and limitations of liability. These provisions ensure that both parties are aware of their rights and obligations under the contract, and provide a framework for resolving disputes that may arise.
In conclusion, the concept of merchantable quality is an important one in sales contracts for the sale of goods. By including a clause that specifies the quality of the goods being sold, both the buyer and seller can ensure that the goods are fit for their intended use. Additionally, the inclusion of provisions related to warranties, remedies, and limitations of liability provides a framework for resolving disputes that may arise under the contract.