Keyword Analysis & Research: warranty of fitness contract

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Frequently Asked Questions

What is the warranty of fitness for normal use?

Warranty of fitness for normal use. A merchant seller makes an implied warranty of the merchantability of the goods sold. This warranty is in fact a larger set of warranties, the most important of which is that the goods are fit for the ordinary purposes for which they are sold.

When does the UCC provide a distinct implied warranty of fitness?

When a buyer wishes to use goods for a particular, nonordinary purpose, the UCC provides a distinct implied warranty of fitness (§ 2-315).

What is the difference between merchantability and fitness?

Unlike the implied warranty of merchantability, the implied warranty of fitness does not contain a requirement that the seller be a merchant with respect to the goods sold. It merely requires that the seller possess knowledge and expertise on which the buyer may rely.

What is an implied warranty in contract law?

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

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