Keyword Analysis & Research: warranty of fitness for normal use


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Frequently Asked Questions

What is a warranty of fitness for a particular purpose?

Warranty of fitness for a particular purpose. A buyer may intend to use the goods for a particular or unusual purpose, compared to the ordinary use for which the goods are customarily sold. If so, the seller makes an implied warranty that the goods will be fit for that purpose when:

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).

When is it not reasonable to require a warranty?

While many buyers may question efforts by a manufacturer to avoid warranties that goods will be free from defect or merchantable, many buyers can be persuaded that it is not reasonable to require a warranty that the goods will be fit for a purpose which the buyer knows better than the seller.

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.


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