Also known as: particular purposes · fitness for particular purpose
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A specific use for which the buyer requires the goods that is known to the seller at contracting. The seller's knowledge of that use plus the buyer's reliance on the seller's skill or judgment creates an implied warranty that the goods will be fit for the use.
A specific use for which the buyer requires the goods that is known to the seller at contracting. The seller's knowledge of that use plus the buyer's reliance on the seller's skill or judgment creates an implied warranty that the goods will be fit for the use.
Select any source to read its text and confirm it supports the definition.
A stated reason or justification for requesting inspection of partnership records. General and limited partners may inspect required information without stating or proving any particular purpose.
Select any source to read its text and confirm it supports the definition.
A stated reason or justification for requesting inspection of partnership records. General and limited partners may inspect required information without stating or proving any particular purpose.
Each sense below has its own examples, sources, and questions.
Apex Aircraft told West Aircraft it needed fasteners that would survive extreme orbital temperature cycling. West recommended a specific model. Apex bought and installed the fasteners. When the fasteners loosened during later testing, Apex sued for breach of the implied warranty of fitness.
Henry rented rooms overlooking Pall Mall after learning they were offered specifically to view the coronation procession. When the procession was cancelled, Henry refused to pay. The owner sued for the rent.
The Henningsens bought a new car after the dealer assured them it was suitable for family use. Shortly after purchase the steering failed, causing an accident. The buyers sued the manufacturer and dealer on warranty theories.
In a murder prosecution the defense raised insanity. The trial judge asked the jury whether the defendant knew right from wrong at the time of the act. The defendant appealed, arguing the instruction failed to address the specific purpose for which the mental-state question was asked.
The seller must have reason to know the buyer's particular purpose at contracting. The buyer must rely on the seller's skill or judgment to select suitable goods. Both elements are required. Knowledge alone is insufficient.
Supporting sources
Merchantability requires goods to be fit for ordinary purposes. Fitness for a particular purpose protects a buyer who communicates a specialized, known need and relies on the seller's recommendation.
Supporting sources
Carlos, a general partner in PharmaLink LP, arrived at the principal office during business hours and asked to inspect wholesale purchase files and rebate agreements. Dana, the managing partner, refused unless Carlos first explained his purpose. Carlos sued to enforce his inspection right.
Philip, a limited partner in Apartment Ventures LP, delivered a written demand to inspect tenant occupancy reports and rent rolls at the principal office. He stated no purpose. Dusk Realty refused, citing confidentiality. Philip sued for an order compelling inspection.
No. The statute expressly provides that a general partner may inspect required information during regular business hours without having any particular purpose for seeking the information.
Supporting sources
Yes. On ten days' demand made in a record, a limited partner may inspect and copy required information at the principal office without stating any particular purpose.
Supporting sources
…an integral part of the transaction. R. S. 46:30-20. If the buyer, expressly or by implication, makes known to the seller the particular purpose for which the article is required and it appears that he has relied on the seller’s skill or judgment, an implied warranty arises of reasonable fitness for that purpose. R. S.…