Common law implied warranties on cars and trucks Lawyer Manual

Common law implied warranties

Usefulness

Common law implied warranties are especially useful in sales transactions not governed by the UCC, such as contracts for labor, services, and real estate. Courts have implied warranties in contracts for labor and materials or for services. Courts applying Illinois law have held that one who contracts to perform construction work impliedly warrants to do the work in a reasonably workmanlike manner. Dean v. Rutherford, 49 Ill.App.3d 768, 364 N.E.2d 625 (4th Dist. 1977). Auto repair contracts are good examples of contracts in which warranties may be implied.

Application by analogy to the UCC

Many courts finding an implied warranty in the common law have analogized to the UCC implied warranty provisions. Although such provisions are limited to sales of goods, comments to §2A-213 make clear that this limitation was not intended to preclude common law evolution in other circumstances.

Nature of the warranty

Some cases imply a warranty that services be performed in a "workmanlike manner," where the consumer must show that the work was not done correctly. This is similar to the UCC implied warranty of merchantability. When the common law implied remedy is one of reasonable fitness for the intended use, it is analogous to the UCC implied warranty of fitness for a particular purpose.