Cate v. Dover Corp.

Although I concur in the court’s opinion, I write separately to declare that the time has come for the legislature to consider the realities of the marketplace and prohibit all disclaimers of the implied warranties of merchantability and fitness.

These implied warranties, created by common-law courts long before the adoption of the U.C.C., developed to protect purchasers from losses suffered because of “the frustration of their expectations about the worth, efficacy, or desirability” of a product. W. Keeton, Prosser and Keeton on The Law of Torts § 95A (5th ed. 1984). Implication of these…