Implied Warranty of Fitness for a Particular Purpose

Definition

An implied warranty that arises when a seller knows or has reason to know the particular purpose for which the buyer intends to use the goods and the buyer relies on the seller's skill or judgment to select or furnish suitable goods, thereby creating an implied promise that the goods will be fit for that particular purpose.

5 Must Know Facts For Your Next Test

1. The implied warranty of fitness for a particular purpose arises when the seller knows or has reason to know the buyer's specific purpose for the goods and the buyer relies on the seller's skill or judgment in selecting the goods.
2. This warranty is distinct from the implied warranty of merchantability, which focuses on the goods being fit for their ordinary purpose rather than a specific purpose.
3. The buyer's reliance on the seller's skill or judgment is a key element in establishing the implied warranty of fitness for a particular purpose.
4. Unlike express warranties, implied warranties of fitness for a particular purpose do not require any specific language or affirmation from the seller.
5. The scope of the implied warranty of fitness for a particular purpose is limited to the specific purpose communicated to the seller and relied upon by the buyer.

Review Questions

• Explain the key elements required to establish an implied warranty of fitness for a particular purpose.
  • To establish an implied warranty of fitness for a particular purpose, three key elements must be present: 1) The seller must know or have reason to know the buyer's specific purpose for the goods, 2) The buyer must rely on the seller's skill or judgment in selecting the goods, and 3) The goods must fail to be fit for that particular purpose. If these elements are met, the law will imply a warranty that the goods will be suitable for the buyer's intended use, even if the seller did not make any express promises about the goods' fitness.
• Differentiate between the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
  • The implied warranty of fitness for a particular purpose and the implied warranty of merchantability are related but distinct concepts. The implied warranty of merchantability focuses on whether the goods are of a quality that would pass without objection in the trade and are fit for the ordinary purposes for which such goods are used. In contrast, the implied warranty of fitness for a particular purpose arises when the seller knows the buyer's specific purpose for the goods and the buyer relies on the seller's skill or judgment in selecting them. This warranty is focused on the suitability of the goods for the buyer's particular, communicated purpose, rather than just the goods' general fitness for ordinary use.
• Analyze how the doctrine of privity of contract may impact a buyer's ability to bring a claim for breach of the implied warranty of fitness for a particular purpose.
  • The doctrine of privity of contract generally limits warranty claims to only those in direct contractual privity with the seller. This means that, in the absence of an exception, a buyer may only be able to bring a claim for breach of the implied warranty of fitness for a particular purpose against the immediate seller from whom they purchased the goods. Downstream buyers or users who are not in privity of contract with the original seller may be precluded from asserting this warranty claim, unless the jurisdiction recognizes an exception to the privity requirement, such as through the concept of third-party beneficiaries. The scope of privity can significantly impact a buyer's ability to recover for a breach of the implied warranty of fitness for a particular purpose.

Related terms

Implied Warranty of Merchantability: An implied warranty that the goods are of a quality that would pass without objection in the trade, are fit for the ordinary purposes for which such goods are used, and conform to any promises or affirmations of fact made on the container or label.

Express Warranty: A warranty that is explicitly stated by the seller, either orally or in writing, about the quality or characteristics of the goods being sold.

Privity of Contract: The legal relationship between the parties to a contract, which generally limits warranty claims to only those in direct contractual privity with the seller.