의결권제도와 소수주주 보호에 관한 법적 고찰

An implied term in a contract for the sale of goods within the meaning of the Sale of Goods Act 1979 (SGA). Goods are of satisfactory quality if they meet the standard which a reasonable person would regard as satisfactory. Section 14(3) of the SGA contains the implied term of fitness for purpose. This is where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought. On the other hand, the situations in which an implied warranty exists are laid out in the Uniform Commercial Code (UCC) sections 2-314 and 2-315. Warranties of merchantability are implied in any sale as long as the seller is in the business of selling the types of goods in question. In order to be considered merchantable, goods must meet certain requirements. This paper is to introduce and analyze case law of the implied warranties in SGA and UCC. Also, this paper studies scopes, application, requirements of the implied warranty in SGA and UCC by comparing articles and especially case law. In conclusion, this paper analyzes seller’s liability for warranty against defect of Korean Civil Code by comparing SGA and UCC.