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.
Other UCC Filing FAQs
-
Q:
What Is The U.C.C.?
A: The U.C.C. stands for the Uniform Commercial Code. The laws concerning commercial and private transactions for the sale and leasing of goods developed out of the … More -
Q:
What Is Article 2 Of The U.C.C.?
A: Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article two only covers the sale of goods. This is important to keep in mind. Goods … More -
Q:
Does Article 2 Treat Merchants The Same As Non-Merchants?
A: No. Article 2 distinguishes between merchants and nonmerchants. In most situations, the U.C.C. holds merchants to a higher standard. Under the U.C.C., a merchant … More -
Q:
Are There Fundamental Principles That Article 2 Always Applies?
A: Yes. Certain fundamental principles apply to the sale of all goods. Failure to adhere to the fundamental principles may take the transaction outside of the protection … More -
Q:
What Is An Express Warranty?
A: Any affirmation of fact or promise (or description of the goods) made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain … More -
Q:
What Is An Implied Warranty Of Merchantability?
A: In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary … More -
Q:
Disclaimer Or Limitation Of Implied Warranties
A: Sellers of consumer products who make service contracts on their products are prohibited under the Act from disclaiming or limiting implied warranties. (Remember also … More -
Q:
Disclaimer Or Modification Of Implied Warranties
A: The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written … More -
Q:
Do Used Cars Come With A Warranty?
A: In general, yes. State laws hold dealers responsible if cars they sell don`t meet reasonable quality standards. These obligations are called implied … More -
Q:
What Should I Do If The Product I Bought Has A Warranty, And Does Not Work?
A: You should first go back to the retailer and ask for an exchange of goods or for your money back. If the retailer refuses to do either, and there is no disclaimer of … More
Consumer Protection Sub-categories
|
Chex System
Consumer Contracts Consumer Law Franchises |
Fraud
Identity Theft Mail Fraud Telemarketing Fraud |
How To Prepare to Meet With Your Lawyer
