Amazon as a Seller of Marketplace Goods Under Article 2

This Article looks at Amazon’s liability as a “seller” of unmerchantable goods under Article 2 of the Uniform Commercial Code. Thus far, litigants and courts have almost exclusively focused on Amazon’s liability in tort. This piece, however, argues that there is a compelling argument that Amazon is liable for defective third party goods because it is a merchant seller under § 2-314 of the Uniform Commercial Code.

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