Implied Warranty Protects Self-Service Shopper Even Before She Pays Retailer for Goods

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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.

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