In the October 25th edition of The Economist I found an advertisement of Marriot Hotels & Resorts. The advertisement does not describe all the conditions and benefits it offers to the guests, it focuses on the benefits they can offer to the business people, such as places to relax, meeting spaces and availability of internet. However, even if the ad does not specify other benefits, it does not mean it will not provide them after you book a room. For example, it is reasonable to expect that a restaurant in hotel will serve food of proper quality, that a room will be suitable for living, sleeping and taking shower, etc. According to the law, it is called implied warranty – it is implied in the circumstances of sale.
In the textbook, several examples of implied warranty are given. One of them is implied warranty of merchantability. An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. In case of Marriot hotels, a room is supposed to be generally fit for living and have fair quality corresponding to its price and proper expectations of customers. Marriot hotels target business people by putting an ad in The Economist. If a company want to rent a room in a hotel for conference or business meeting, a room offered by Marriot hotel should be suitable for such events, have all the necessary plug-ins and appropriate equipment. A room should be quiet and the meeting not interrupted by staff of a hotel.
Food in a restaurant of a hotel should be also merchantable and it is also subject to the implied warranty of merchantability. All the food in a hotel should be fit to eat. As court has determined, consumers should reasonably expect to find bones in fish or chicken, but definitely not warms in salad or rotten vegetables in soup. Unlike warms, bones are natural parts of fish or chicken.
The chapter also describes implied warranty of fitness for a particular purpose. To explain this, I can use again an example, when a company wants to conduct a business meeting on the premises of Marriot hotel. A manager of hotel has offered a big room for such purpose, where usually dinners are held. Even though this room might be fit for an ordinary purpose – dinners for a big number of people, it might not be suitable for a business meeting. For examples, there is not enough light in the room, electricity outlets for laptops are missing and guests of the hotel constantly enter the room. If a manager of Marriot hotel knows that the room is rented for a business meeting and the company is relying on the skills and knowledge of the hotel manager, implied warranty is created.
Implied warranties can also arise from prior dealing or trade custom. In hotels of such level as Marriot it is a trade custom to have room service, for example, or 24 hour reception or phone line in a room. Marriot is targeting business people, thereof it also should have internet access. Such level of service became already a part of expectations for the hotel tenants because of the prior dealings and trade customs.