An implied warranty of fitness may arise when a buyer requests something for a particular purpose, and the seller then supplies a product for that purpose. For example, if a farmer goes to a farm supply store, and tells the salesman he needs a plow for the rocky soil of his farm, and the salesman directs him to a particular plow, there may be an implied warranty that the plow in question is fit for use in rocky soil.
Contrast with implied warranty of merchantability.
Definition from Nolo’s Plain-English Law Dictionary
A warranty implied by law that, if a seller knows or has reason to know a buyer will use property for a specific purpose, the property is suitable for that purpose. For example, if a buyer tells a seller he wants to purchase a watch suitable for deep sea diving, the seller can violate the implied warranty by selling the buyer a watch that isn't waterproof and depth-tolerant.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:17 pm