Under the Uniform Commercial Code, the warranty arises where the seller has reason to know the buyer's particular purpose and that the buyer relies on the seller's skill to select suitable goods.
It differs from merchantability, which requires ordinary fitness.
Alternative Names:
Fitness Warranty, Particular Purpose Warranty
Why it Matters?
The reliance element is what distinguishes this warranty and limits it, since a buyer who specified the product independently or relied on its own expertise has not relied on the seller. Sophisticated commercial purchasers frequently fail that element. The warranty can also be disclaimed by conspicuous written language, which most commercial contracts include, making disclaimer the first thing to check.
Frequently Confused with
Related terms
Frequently asked questions
What distinguishes fitness from merchantability?
What defeats the warranty?
