Also known as: implied warranties of fitness · warranty of fitness for a particular purpose · fitness for purpose · implied fitness warranty
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An implied promise arising in a sale of goods that the goods will be suitable for a particular purpose disclosed by the buyer. The promise attaches when the seller has reason to know both the buyer's specific intended use and the buyer's reliance on the seller's skill or judgment to furnish appropriate goods.
An implied promise arising in a sale of goods that the goods will be suitable for a particular purpose disclosed by the buyer. The promise attaches when the seller has reason to know both the buyer's specific intended use and the buyer's reliance on the seller's skill or judgment to furnish appropriate goods.
Select any source to read its text and confirm it supports the definition.
An implied promise by a builder in the sale of new residential construction that the home is constructed in a reasonably workmanlike manner and is suitable for human habitation.
Select any source to read its text and confirm it supports the definition.
An implied promise by a builder in the sale of new residential construction that the home is constructed in a reasonably workmanlike manner and is suitable for human habitation.
Each sense below has its own examples, sources, and questions.
Riverview Hotel signed a two-page contract with Metro Equipment for a commercial laundry system. The second page, printed in bold capital letters, stated that the seller disclaimed all implied warranties including fitness. When the system repeatedly failed, Riverview sued claiming breach of the implied warranty of fitness.
Mr. Henningsen purchased a new automobile from Bloomfield Motors. Ten days later his wife was injured when the steering mechanism failed. The manufacturer argued that any implied warranty ran only to the purchaser and not to family members who used the car.
A smoker sued a cigarette manufacturer alleging breach of an implied warranty that the product was fit for its intended use. The manufacturer raised the defense that the plaintiff's own smoking habits contributed to the harm. The court considered whether comparative fault principles apply to an implied warranty claim.
A buyer of flexible gas piping sued the manufacturer after the piping ruptured and caused a fire. The buyer claimed the product was unfit for its intended residential installation because the seller knew the particular use and the buyer had relied on the seller's selection advice.
The seller must have reason to know the buyer's particular purpose for the goods at the time of contracting. The seller must also have reason to know that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods.
Supporting sources
Yes. Under UCC § 2-316(2), an exclusion of the implied warranty of fitness must be in writing and conspicuous. General language stating that no warranties extend beyond the description on the face of the document satisfies the requirement when it is conspicuous.
Supporting sources
Logan purchased a solar-equipped home from Corey three years after East Wind completed construction. Logan discovered that roof penetrations around the solar panels had been improperly sealed, causing overheating and moisture damage that made parts of the home unsafe. Logan sued East Wind for breach of the implied warranty even though Logan had no direct contract with the builder.
Tenants in a large apartment complex notified the landlord of multiple defects including faulty plumbing and inadequate heating that made units uninhabitable. The landlord refused repairs, claiming the leases contained no express promises about condition. The tenants asserted an implied warranty of fitness for habitation arising from the rental transaction.
Courts are divided. Some jurisdictions allow subsequent purchasers to enforce the implied warranty of fitness or quality in new residential construction. Other jurisdictions limit enforcement to buyers in privity with the builder.
Supporting sources
…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…