Can goods be unmerchantable if there is no warning?
Nova Scotia, Canada
The following excerpt is from McAsphalt Ind. Ltd. v. Chapman Bros. Ltd., 2008 NSSC 324 (CanLII):
Also in Kendall v. Lillico, Lord Pearce stated that goods may be unmerchantable if there is a hidden defect and no warning is supplied, even if the goods would have merchantable with a warning of the defect (p. 487).
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