Also known as: implied warranty of fitness · fitness for particular purpose · UCC § 2-315
Written by attorneys — see sources below.
An implied warranty that the goods shall be fit for a particular purpose. The warranty arises when the seller at the time of contracting has reason to know the buyer's particular purpose and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods. The buyer must in fact rely on that skill or judgment.
Seaside Builders told Coastal Lumber it needed exterior-grade composite decking that would withstand coastal humidity and salt air for luxury shoreline homes. Coastal Lumber recommended a particular product and filled the order. The decking warped and deteriorated within a year. Seaside Builders recovers because the seller knew the demanding coastal purpose and the buyer relied on the recommendation.
MetroLink ISP told Apex Networks it needed routers capable of handling very heavy peak-hour streaming traffic for an apartment complex. Apex selected and supplied lower-end hardware. The routers repeatedly bottlenecked. MetroLink prevails because Apex knew the high-traffic purpose and MetroLink relied on Apex's selection.
Riverbend Outpatient Surgery Center told Metro MedSupply it needed a patient monitor for continuous use during complex cardiac procedures. Metro recommended and supplied a specific model. The monitor malfunctioned during surgeries. Riverbend recovers on the fitness warranty because Metro knew the cardiac purpose and the buyer relied on the recommendation.
City of Stamford officials told Bridge Environmental they needed de-icing material safe for use above protected wetlands. Bridge recommended its standard calcium chloride blend. The product caused vegetation damage from chloride runoff. The City establishes breach because Bridge knew the ecological purpose and the buyer relied on the seller's judgment.
Dawn Financial told Horizon Fund it needed currency counting machines for high-volume branches with counterfeit detection. Horizon recommended and supplied a specific model. The machines jammed and missed counterfeits. Dawn succeeds because Horizon knew the security and volume purpose and the bank relied on the recommendation.
West Shipping bought brake pads from Silver Logistics for its fleet of standard passenger buses. Silver knew the buses operated on routes with frequent stops and steep grades. The pads wore out after 5,000 miles and caused brake fade. West Shipping recovers because Silver knew the demanding fleet purpose and the buyer relied on the seller's selection.
The seller must have reason to know the buyer's particular purpose for the goods and that the buyer is relying on the seller's skill or judgment to select suitable goods. The buyer must in fact rely on that skill or judgment.
Fitness for a particular purpose requires the seller to know a specific, non-ordinary purpose and the buyer's reliance on the seller's judgment. Merchantability requires only that goods be fit for ordinary purposes and applies only when the seller is a merchant.
…new homes have recently been held liable to purchasers for improper construction on the ground that the builders had breached an implied warranty of fitness. In other cases courts have held builders of new homes liable for breach of an implied warranty that all local building regulations had been complied with. And following…
…the subject of availability of the defense of contributory negligence in products liability cases based on breach of express or implied warranty of fitness. The various texts and cases referred to therein reveal that most jurisdictions bar plaintiff's recovery where his misuse or abuse of the product in combination with a defect in the…
…that there may not be liability if the allergic reaction occurred or would occur in an insubstantial number of users. The implied warranty of fitness for a particular purpose has been retained in the Uniform Commercial Code in language substantially similar to the Uniform Sale of Goods Law. Compare N.J.S.A. 12A:2-315 with R.S. 46:30-21(1) (the most notable…
…a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of the Act. : Two other…
Yes. The disclaimer must be in a writing that is conspicuous. General language stating there are no warranties extending beyond the description on the face of the document is sufficient.
No. The warranty arises when the buyer describes the intended use and relies on the seller to recommend suitable goods. Specifying models is not required.
The plaintiff must show the warranty arose, the goods were not fit for the particular purpose, and the breach proximately caused the loss. The goods need not be defective in any other way.