Also known as: fitness for particular purpose · warranty of fitness for a particular purpose · implied warranty of fitness · UCC 2-315
Written by attorneys · grounded in primary & secondary sources — see below
An implied warranty that goods or newly constructed homes are suitable for a buyer's particular purpose. The warranty arises when the seller knows the buyer's specific need and knows the buyer is relying on the seller's judgment to select suitable items.
Regina purchased a recently built coastal cottage from Star Vessel. Alpha Coastal had constructed the cottage and sold it to Star Vessel. Regina discovered extensive termite damage from the builder's failure to install required barriers, rendering the cottage unsuitable for habitation. She sued Alpha Coastal for breach of the implied warranty of fitness for new residential construction.
Apex Aircraft told West Aircraft it needed fasteners able to withstand extreme temperature cycling on a satellite. West recommended specific fasteners. The purchase order contained a conspicuous written clause stating there are no warranties extending beyond the description on its face. The fasteners loosened during testing.
Select any source to read its text and confirm it supports the definition.
A buyer informed an automobile dealer that the car was needed for business and pleasure driving on public highways. The dealer recommended a model. The buyer purchased the car and later discovered it was unsafe for ordinary highway use due to defective brakes.
Tenants rented an apartment from a landlord. The landlord knew the tenants required the unit for ordinary residential living. The apartment contained latent defects that made it uninhabitable. The tenants sued for breach of the implied warranty of fitness.
A buyer purchased flexible gas piping for a specific commercial installation. The seller knew the buyer's intended use and recommended the product. The piping failed under normal operating conditions for that purpose, causing property damage.
A subsequent purchaser bought a nearly new townhouse from the original buyer. The builder had sold the townhouse directly to the first purchaser. The second buyer discovered stairways constructed below code standards that created fall risks and sued the builder.
The buyer must show the seller knew of the buyer's particular purpose at contracting and that the buyer relied on the seller's skill or judgment to select suitable goods. The warranty then guarantees the goods will be fit for that purpose.
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Most jurisdictions require privity with the builder. Subsequent purchasers without a direct contractual relationship with the builder generally cannot enforce the warranty.
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The exclusion must be in a writing that is conspicuous. Language stating there are no warranties extending beyond the description on the face of the document is sufficient.
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No. The warranty requires proof that the seller knew the buyer's particular purpose and that the buyer relied on the seller's judgment. Absent those facts the warranty does not attach.
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…on Sales , § 243 (Rev. ed. 1948). As Judge (later Justice) Cardozo remarked in Ryan, supra , the distinction between a warranty of fitness for a particular purpose and of merchantability in many instances is practically meaningless. In the particular case he was concerned with food for human consumption in a sealed container. Perhaps no more apt…