Also known as: fit for the ordinary purpose · fitness for ordinary purposes · merchantability · implied warranty of merchantability
Written by attorneys · grounded in primary & secondary sources — see below
A quality standard for goods under the implied warranty of merchantability. Goods meet this standard when they are suitable for the typical uses to which such items are put in the relevant trade.
Nordic Cargo Lines bought mooring lines from HarborFlex Ropes after describing its need for year-round use in icy subarctic ports. The lines frayed and snapped during the first winter when ice built up on the hulls. Nordic sued for breach. The court examined whether the lines satisfied fitness for the ordinary purpose of mooring in typical harbor settings rather than the disclosed extreme conditions.
Rose Cipollone purchased cigarettes manufactured by Liggett Group and smoked them daily for decades. She developed lung cancer and sued, claiming the product failed to meet basic quality expectations. The litigation focused on whether the cigarettes satisfied fitness for the ordinary purpose of smoking without causing the alleged harm under the warranty analysis.
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Carol Denny bought a Ford Bronco from a dealer for ordinary family transportation. The vehicle rolled over during a routine highway lane change at normal speeds. Denny sued Ford alleging the design rendered the vehicle unfit for everyday driving. The court assessed whether the Bronco met the ordinary-purpose fitness requirement for safe highway use.
Tenants in First National Realty buildings discovered leaking pipes, faulty wiring, and rodent infestations after moving in. They withheld rent and defended eviction actions by arguing the units were uninhabitable. The court considered whether the apartments satisfied fitness for the ordinary purpose of residential occupancy under modern lease standards.
Matthew Zeidenberg purchased ProCD software and loaded it onto his computer for personal database searches. He later extracted the data and sold it commercially in violation of the enclosed license. ProCD sued for breach. The dispute turned on whether the software performed its ordinary consumer functions before the license terms were considered.
Nanakuli Paving contracted with Shell Oil for regular deliveries of asphalt used in routine road paving projects. Shell later refused to honor a trade practice of price protection during market spikes. Nanakuli sued. The court evaluated whether the asphalt met fitness for the ordinary purpose of standard paving operations under the parties' course of dealing.
Fitness for the ordinary purpose is an element of the implied warranty of merchantability and requires goods to be suitable for their typical uses. Fitness for a particular purpose is a separate implied warranty that arises only when the seller knows of the buyer's specific, non-ordinary use and the buyer relies on the seller's skill to select suitable goods.
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The buyer must show that the goods were not suitable for the typical uses of such items in the trade. Evidence of repeated jamming, failure under normal conditions, or defects that prevent standard operation satisfies this element when the seller is a merchant.
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A valid disclaimer under UCC § 2-316 can exclude the implied warranty of merchantability, including its ordinary-purpose component, if the language mentions merchantability and is conspicuous. Without such language the warranty and its fitness element remain in force.
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…negligence counts were dismissed by the court and the cause was submitted to the jury for determination solely on the issues of implied warranty of merchantability. Verdicts were returned against both defendants and in favor of the plaintiffs. Defendants appealed and plaintiffs cross-appealed from the dismissal of their negligence claim. The matter…