Also known as: implied warranty of fitness for a particular purpose · warranty of fitness for particular purpose · fitness warranty · warranty of fitness
Written by attorneys · grounded in primary & secondary sources — see below
A warranty implied by law in a sale of goods 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. The warranty promises that the goods will be fit for that specific purpose unless properly disclaimed.
Logan purchased a solar-equipped home from Corey three years after East Wind completed construction. Logan discovered improper roof sealing around the panels that caused overheating and moisture damage. Logan sued East Wind for breach of the implied warranty that the home was built in a reasonably workmanlike manner and suitable for habitation.
Ike Ingram bought industrial equipment from Indigo Textiles after the seller provided a two-page contract with a bold disclaimer of all implied warranties on page two. The equipment failed under Ike's specialized high-volume production needs that the seller knew about. Ike sued, arguing the disclaimer did not meet the conspicuous writing requirement for excluding fitness warranties.
Select any source to read its text and confirm it supports the definition.
Isabelle Inman rented an apartment from a large property owner whose units had persistent heating and plumbing failures. Isabelle notified the owner of the conditions that made the unit uninhabitable for ordinary residential use. She sued claiming breach of an implied warranty that the premises would be fit for their intended residential purpose.
Iris Irons bought a new car from a dealer for family use after the manufacturer knew of her need for reliable transportation. The car had a latent steering defect that caused an accident injuring her husband. Iris and her husband sued the manufacturer and dealer asserting breach of the implied warranty that the vehicle would be fit for its particular purpose.
Iain Irons received a medical device that malfunctioned during surgery after the manufacturer had obtained federal premarket approval. Iain sued the manufacturer for breach of implied warranty of fitness for the particular surgical purpose. The manufacturer moved to dismiss on the ground that federal device regulations preempted the state warranty claim.
Isaiah Ishikawa bought a sport utility vehicle advertised for both on-road commuting and off-road use. The vehicle rolled over during ordinary highway driving, injuring Isaiah. He sued the manufacturer asserting both strict products liability and breach of the implied warranty that the vehicle would be fit for its particular dual-purpose use.
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
A particular purpose is a specific, often non-ordinary use that the buyer communicates to the seller. An ordinary purpose is the general use for which goods of that kind are customarily employed.
Supporting sources
Yes. A written disclaimer that is conspicuous and states that there are no warranties extending beyond the description on the face of the document will exclude the implied warranty of fitness.
Supporting sources
Not necessarily. The warranty still arises if the seller has reason to know of the buyer's reliance on the seller's judgment even when the buyer performed some initial research.
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.…