Implied Warranty Protects Self-Service Shopper Even Before She Pays Retailer for Goods
In Fender v. Colonial Stores, Inc., the Georgia Court of Appeals held that in the context of a self-service food store, a contract for the sale of goods is created when a customer accepts the retailer's offer by taking physical possession of the goods with the intent to pay for them., Consequently, the court concluded, a retailer's implied warranty of merchantability exists at the time a soft-drink bottle explodes while a customer is lifting the six-pack carton from her shopping cart to the checkout counter, regardless of whether the goods have actually been paid for or whether title has passed.
Miller, Wallace III
"Implied Warranty Protects Self-Service Shopper Even Before She Pays Retailer for Goods,"
Mercer Law Review: Vol. 28:
3, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol28/iss3/11