Also known as: warranties of fitness · fitness warranty · implied warranty of fitness · warranty of fitness for a particular purpose
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An implied warranty that goods will be fit for a particular purpose. The warranty arises when the seller has reason to know the buyer's particular purpose and that the buyer is relying on the seller's skill or judgment to select suitable goods.
An implied warranty that a newly constructed home is built in a reasonably workmanlike manner and is suitable for human habitation. The warranty is recognized in most jurisdictions upon the sale of new residential construction by a builder.
Each sense below has its own examples, sources, and questions.
An implied warranty that goods will be fit for a particular purpose. The warranty arises when the seller has reason to know the buyer's particular purpose and that the buyer is relying on the seller's skill or judgment to select suitable goods.
Wesley Wells bought industrial routers from Warwick Electronics under a signed contract whose second page stated in bold capitals that the seller disclaimed all implied warranties of fitness. The routers failed under Wesley's heavy streaming load. Wesley sued for breach of the implied warranty of fitness.
Wren Wright bought a new pickup from Wolverine Steel after the dealer recommended the model for frequent off-road hauling. The truck's suspension repeatedly failed during such use. Wren sued the manufacturer alleging breach of the implied warranty of fitness for a particular purpose.
Willa Whitman bought a new sedan from Woodridge Manufacturing after explaining she needed reliable transportation for daily highway commuting with her family. The car developed steering defects that made highway driving unsafe. Willa sued the dealer and manufacturer for breach of the implied warranty of fitness.
Wilma Wright bought cigarettes from a retailer after seeing manufacturer advertising that downplayed health risks. She developed lung disease and sued the manufacturer for breach of implied warranties of merchantability and fitness. The court considered whether warranty claims survived federal preemption rules.
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 suitable goods. The goods must then fail to meet that purpose for a breach to occur.
A disclaimer must be in a conspicuous writing. General language stating that no warranties extend beyond the description on the face of the document is sufficient to exclude all implied warranties of fitness.
Fitness for a particular purpose requires the seller to know of a specific, non-ordinary use and the buyer's reliance on the seller's judgment. Merchantability requires only that goods be fit for their ordinary purposes and pass without objection in the trade.
An implied warranty that a newly constructed home is built in a reasonably workmanlike manner and is suitable for human habitation. The warranty is recognized in most jurisdictions upon the sale of new residential construction by a builder.
Logan purchased a solar-equipped home from Corey three years after East Wind completed construction. Logan discovered improper roof sealing around the solar panels that caused moisture intrusion and unsafe indoor temperatures. Logan sued East Wind for breach of the implied warranty even though no direct contract existed with the builder.
Logan purchased a newly built home from a prior owner three years after the builder completed construction. Logan discovered structural defects that rendered the residence unsafe for habitation. Logan sued the builder for breach of the implied warranty of fitness even though no direct contract existed.
Courts are divided. Some jurisdictions limit the warranty to the original purchaser in privity with the builder, while others allow subsequent buyers to enforce it when latent defects impair habitability.
…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…
…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
…for Design Defect: From Negligence [to Warranty] to Strict Liability to Negligence , 33 Vand L Rev 593, 599-600). [^maj-4]: A
…the subject of availability of the defense of contributory negligence in products liability cases based on breach of express or implied warranty of fitness
…of the ordinary uses of the WY-60 terminal. The district court instructed the jury on the issues of express warranty
Express warranties and disclaimers are construed as consistent whenever reasonable. A conspicuous written disclaimer of implied warranties remains effective even if an express warranty exists, provided the disclaimer meets statutory requirements.