Written by attorneys · grounded in primary & secondary sources — see below
An expression indicating the intended purpose or application of an item, document, or conduct. The phrase identifies whether an object or action is meant to serve a particular end, such as personal use, criminal activity, or litigation preparation.
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How it applies
Common Examples
6
Landlord Repair Creates Hidden Hazard
Finn Fletcher leased an apartment from Fairfield Bank. While Finn was away, the bank sent workers who negligently rewired the kitchen outlets. Finn returned and, unaware of the change, plugged in a toaster that caused a fire injuring his guest Francesca Fowler. The bank faces liability because its repair made the premises more dangerous for use.
Goods Bought for Household Needs
Fumiko Fujimoto purchased a refrigerator from Fisher Foods using her personal credit card. She placed the appliance in her home kitchen for daily family meals. Because the refrigerator was bought for use primarily for personal purposes, it qualifies as consumer goods under the UCC.
Tool Designed for Criminal Entry
Frank Fisher carried a specialized lock-pick set during a burglary. Officers later seized the set because it was designed for use in committing a crime. The court authorized the warrant on that basis.
Brochure Serves as Specimen Only
Fatou Fall received a product catalog from Fidelity Trust describing various investment services. The catalog stated it was merely a specimen for use in other transactions and not an offer. Fatou could not accept the listed terms to form a contract.
Manufacturer Knows of Danger
Fairview Manufacturing produced a ladder it knew had a defective rung. The company sold the ladder to Farid Farahani, who used it at a worksite and fell. Because the ladder was dangerous for use, the manufacturer bears supplier liability.
Lab Report Prepared for Trial
A forensic analyst prepared a report identifying a substance seized from Francesca Fowler. The report was created for use in criminal prosecution. Without the analyst's live testimony, the report cannot be admitted against Fowler under the Confrontation Clause.
Common questions
Frequently Asked
6
How does the phrase 'for use' affect liability when a landlord makes repairs?+
The phrase identifies whether a repair has made leased property more dangerous for use or given it a deceptive appearance of safety. When that occurs and the tenant neither knows nor should know of the change, the landlord becomes liable for resulting physical harm to the tenant or permitted guests.
What determines whether goods qualify as consumer goods under the UCC?+
Goods qualify as consumer goods when they are used or bought for use primarily for personal, family, or household purposes. The buyer's actual or intended primary purpose controls the classification.
When may property be seized under a search warrant because it is 'for use' in crime?
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Property may be seized when it is designed for use, intended for use, or used in committing a crime. The phrase focuses on the item's purpose or actual employment in criminal activity.
Does an advertisement stating it is a 'specimen for use' create an offer?+
No. Language indicating the document is merely a specimen for use in other transactions shows the sender does not intend to conclude a bargain. Such statements prevent the communication from operating as an offer.
When is a manufacturer liable for a chattel dangerous for use?+
A manufacturer is subject to supplier liability when it knows or has reason to know the chattel is or is likely to be dangerous for use. The phrase triggers the duty to warn or refrain from supplying the item.
Why are forensic reports prepared 'for use' in prosecution treated as testimonial?+
Reports prepared for use in criminal prosecution are testimonial because they are made to establish facts for trial. Their admission without the analyst's testimony violates the Confrontation Clause.
in a criminal trial is only the generalized interest in confidentiality, it cannot prevail over the demonstrated, specific need for evidence in a pending criminal trial. The generalized…
for use
in criminal cases in violation of the Fourth Amendment; and (e) a provision directing that no evidence, otherwise admissible, shall be excluded from any criminal proceeding because of…
Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdiction (federal question, diversity, supplemental, and removal)UBEIntermediate