Warranties Flashcards
1
Q
UCC: Fit for particular purpose
A
Implied in every contract for sale by a merchant who deals in goods of the kind sold is a warranty that the goods are merchantable. Most commonly, that the goods are “fit for the ordinary purposes for which such goods are used,” and a failure to live up to this test is the usual claim in a merchantability suit. However, a warranty will also be implied in a contract for the sale of goods whenever: (i) any seller, merchant or not, has reason to know the particular purpose for which the goods are to be used and that the buyer is relying on the seller’s skill and judgment to select suitable goods; and (ii) the buyer in fact relies on the seller’s skill or judgment.
