What Is The Implied Warranty of Fitness for a Particular Purpose?
This is a warranty that is created when you seek and rely upon the expertise and advice of a sales associate in buying an item. To establish an implied warranty for a particular purpose, the buyer must satisfy two requirements: (1) At the time of contracting, the seller must have reason to know of any particular purpose for which the goods are required, and (2) the seller must have reason to know that the buyer is relying on the seller`s skill and judgment to select or furnish suitable goods. For example: Joe has decided to open up an Italian restaurant. Joe plans to have the restaurant open 15 hours a day, seven days a week. Joe needs to buy a stove that will not overheat if left on for 15 hours at a time. Joe goes to Bob`s Stoves to purchase his stove. Joe knows nothing about stoves. When Joe meets Bob he says, "Hi! I need your help in recommending a stove." Joe then goes on to tell Bob that any stove he buys must be able to run continually for 15 hours without overheating. Bob states, "I have just the stove for you, the ACME 412." Joe relies upon Bob`s expertise and buys the ACME 412. Four hours after the stove is turned on, the stove overheats, catches on fire and quits working. In this example, the implied warranty of fitness for a particular purpose has been breached.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified product warranty lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local product warranty attorney to discuss your specific legal situation.
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