Also known as: implied warranty of fitness · warranty of fitness for particular purpose · fitness for particular purpose warranty · fitness warranty · particular purpose warranty · UCC 2-315 warranty
Written by attorneys · grounded in primary & secondary sources — see below
An implied warranty that goods will be fit for a buyer's particular purpose. It arises when the seller has 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 or furnish suitable goods.
Igor Ito purchased a coastal cottage from a prior owner two years after Star Vessel had bought it from builder Alpha Coastal. The cottage suffered extensive termite damage because Alpha Coastal had omitted required barriers during construction. Igor sued Alpha Coastal for breach of the implied warranty that the home would be fit for habitation. The court dismissed the claim because Igor lacked privity with the builder.
Ivy Ibarra bought specialized fasteners from Ironclad Industries after describing her need for parts that would endure orbital temperature extremes. The purchase order contained a clause stating there were no warranties extending beyond the face of the document. The fasteners failed in testing. Ivy sued and prevailed because the disclaimer was not conspicuous as required to exclude the fitness warranty.
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Ingrid Innes rented an apartment from First National Realty after informing the landlord she needed housing suitable for long-term family occupancy. The unit lacked basic habitability features such as working plumbing. Ingrid sued for breach of the implied warranty that the premises would be fit for that residential purpose. The court recognized the warranty and allowed recovery.
Ibrahim Iqbal purchased cigarettes from Liggett Group after the seller knew he sought products safe for extended personal use. The cigarettes caused injury. Ibrahim sued alleging breach of the implied warranty that the goods would be fit for that purpose. The court considered whether the warranty attached given the seller's knowledge of the buyer's reliance.
The seller must have reason to know the buyer's particular purpose at contracting and that the buyer is relying on the seller's skill or judgment. The goods must then fail to meet that purpose. The warranty arises automatically unless properly disclaimed.
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Fitness for a particular purpose protects a specialized need known to the seller and shown by buyer reliance. Merchantability requires only that goods pass without objection in the trade and be fit for ordinary purposes. The two warranties are distinct and can arise independently.
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Yes, but the disclaimer must be in writing and conspicuous. General language such as as is may suffice if it clearly calls attention to the exclusion. Failure to meet these requirements leaves the warranty intact.
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In the UCC goods context the warranty runs to the immediate buyer who satisfies the reliance elements. In new-home construction cases courts are divided and often limit the analogous warranty to the first purchaser in privity with the builder.
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…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.[^maj-22] 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.[^maj-23] And following…