This paper explains that the Uniform Commercial Code sets forth
liability under the implied warranty of merchantability in
states that have adopted only the Uniform Commercial Code instead of imposing strict
liability negligence statutes for defective products. The author points out that, in states with strict liability statutes for defective products, tort liability is
predicated on three specific types of defects: manufacturing defects; design defects; and failure to warn. The paper relates that, conversely, in states relying on the U.C.C., liability is predicated on contract law for breach of warranty.