Disclaimers in contracts are generally included when one party wants to sell a product or service without any guarantee of its quality (merchantability) or suitability for the buyer’s intended use. Guarantees of a product’s quality or suitability are also known as warranties, and may be implied in the parties’ agreement without being written or spoken—usually by virtue of a state’s statutes adopting the Uniform Commercial Code’s provisions governing the sale of goods (Article 2)—or by court opinions (also known as common law or case law). Some states have laws (statutes) that prohibit the disclaimer of warranties; make disclaimers ineffective; and penalize parties who attempt to disclaim such warranties. Disclaimers in contracts also serve as an explicit warning to the parties of the risks in a sale or transaction and help avoid a subsequent claim that a party was unaware of such risks or was deceived regarding the presence of such risks.

In Mississippi, disclaimers in contracts are subject to both the Uniform Commercial Code (UCC) as adopted by the state and relevant case law. Under Mississippi law, particularly the UCC Article 2, which governs the sale of goods, sellers can disclaim implied warranties, including the warranty of merchantability and the warranty of fitness for a particular purpose. However, such disclaimers must be conspicuous and specifically worded to be effective. For example, a disclaimer of the warranty of merchantability must mention the term 'merchantability' and, in the case of a written disclaimer, it must be conspicuous. Disclaimers of the warranty of fitness for a particular purpose must be in writing and conspicuous as well. Mississippi law allows for the disclaimer of warranties but requires clear communication to the buyer about what is being disclaimed. If a disclaimer is not properly drafted or is deemed unconscionable, it may be found ineffective by a court. Additionally, the Mississippi Consumer Protection Act provides certain protections against unfair or deceptive trade practices, which could impact the enforceability of disclaimers in consumer contracts.