(Sales) Implied Warranty of Fitness for a Particular Purpose

Question 1

Whether this warranty will be implied in a particular case is a question of

Answer 1

fact

Question 2

Does the seller have to be a merchant for this warranty to apply?

Answer 2

no

Question 3

The implied warranty of fitness for a particular purpose may arise when

Answer 3

the buyer will use the goods for a specific or particular purpose.

Question 4

In contrast, there may be an implied warranty of merchantability (which was discussed in the prior class)

Answer 4

when the goods will be used for their ordinary purpose.

Question 5

3 elements for the implied warranty of fitness for a particular purpose to arise:

Answer 5

Element #1: Seller has reason to know of the buyer’s particular purpose;
Element #2: Seller has reason to know that the buyer is relying on the seller’s know; skill and judgment to select the goods to buy; and
Element #3: The buyer actually relied on the seller in choosing the goods.

Question 6

The policy for implying warranties is to

Answer 6

fulfill customer expectations

Question 7

the language to disclaim implied warranties generally must be

Answer 7

conspicuous. Language generally is conspicuous if it can reasonably be expected to draw the customer’s attention.

Question 8

Some ways to make language conspicuous:

Answer 8

(i) in all caps; (ii) contrasting type-set or font; (ii) set off with symbols that catch the customer’s attending [Prof Note: and I would add having the customer initial or sign the clause.]

Question 9

Whether language is conspicuous is a question for

Answer 9

judge

Question 10

UCC?

Answer 10

2-315

Question 11

Does the seller need to be a merchant

Answer 11

No

Question 12

Will this warranty be implied if the buyer is using the item for its ordinary purpose?

Answer 12

NO (ysco Oilfield v. Hutchinson-Hayes])