Also known as: suitable · suitably · suitas · fitness · appropriateness
Written by attorneys · grounded in primary & secondary sources — see below
An attribute of a person, thing, or condition indicating its appropriateness or fitness for a particular purpose or use.
Sierra Santos sued her former employer for emotional distress after a workplace incident. The employer moved under the applicable rule for an order requiring Sierra to undergo a psychological evaluation. The court granted the motion after finding good cause and selected a board-certified psychiatrist as the examiner because the psychiatrist's credentials established the required suitability for assessing the claimed condition.
Seth Shapiro, a licensed attorney, was convicted of tax evasion involving deliberate falsification of records. The state bar initiated disciplinary proceedings on the ground that the conviction reflected adversely on Shapiro's honesty and trustworthiness. The disciplinary panel concluded that the criminal conduct demonstrated a lack of suitability for continued practice and imposed a suspension.
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Sophia Singh signed a one-year lease for an apartment that the parties understood would serve as her primary residence. On the move-in date the unit lacked working plumbing and contained exposed wiring that rendered it uninhabitable. Singh terminated the lease before taking possession and recovered damages because the property was not suitable for residential use.
Sydney Santos, a city council member, sued a local blogger for publishing false statements accusing her of corruption in office. The court applied the actual-malice standard because Santos was a public official and the statements concerned her suitability and role in that capacity. The claim proceeded only upon a showing that the blogger acted with knowledge of falsity or reckless disregard.
Sterling Dynamics owned land subject to a decades-old servitude limiting use to single-family residences. Changed conditions in the surrounding area made single-family development economically impractical while the original conservation purpose remained achievable through alternative restrictions. The court modified the servitude to permit limited commercial uses under conditions that preserved the servitude's core benefits.
Sapphire Holdings, a commercial bakery, informed its equipment supplier that it needed a specialized oven capable of continuous high-volume production of artisan bread. Relying on the supplier's expertise, Sapphire purchased the recommended model. When the oven proved unable to maintain consistent temperatures under heavy use, Sapphire sued for breach of the implied warranty that the goods would be fit for the particular purpose.
Suitability under UCC § 2-315 arises when the seller knows the buyer's particular purpose and the buyer relies on the seller's skill to select goods fit for that purpose. Merchantability under § 2-314 requires only that goods pass without objection in the trade and are fit for ordinary purposes. The two warranties may both apply to the same transaction but protect distinct expectations.
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The court must determine that the party's mental or physical condition is in controversy and that good cause supports the examination. The examiner must be suitably licensed or certified for the type of examination ordered.
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A court may modify a servitude when its purpose can still be accomplished but the servient estate is no longer suitable for the uses originally permitted. Modification must preserve the benefits of the original servitude through appropriate conditions on the new uses.
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Yes, if the lease contemplates residential use and the property is unsuitable for that use on the date the tenant is entitled to possession without the tenant's fault. The tenant may terminate or seek other remedies before entry.
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…comparison.” At 214. But we believe that the overriding federal law applicable here would, where the facts required, control the appropriateness of redress despite the provisions of state corporation law, for it “is not uncommon for federal courts to fashion federal law where federal rights are concerned.” Textile Workers v.…