A warranty of fitness, also known as a fitness for a particular purpose warranty, is a type of warranty that ensures goods are suitable for the buyer’s specific intended use. This warranty goes beyond general fitness for ordinary purposes, requiring that the goods meet the particular needs of the buyer.
An implied warranty of fitness for a particular purpose, as outlined in U.C.C. § 2-315, applies when the seller knows, at the time of contracting, the specific purpose for which the goods are required and that the buyer is relying on the seller’s expertise to select appropriate goods. This warranty applies to retailers, distributors, and manufacturers, and arises only when:
- The purchaser intends to use the goods for a particular purpose;
- The seller has reason to know of this particular purpose; and
- The seller knows the buyer is relying on the seller’s skill and judgment.
This implied warranty can be waived if the buyer is an expert or brings in outside experts. For instance, in Keith v. Buchanan, the plaintiff bought a boat from the defendant to be “seaworthy.” Since the plaintiff’s experienced friend examined the boat before the purchase, the Court ruled that the plaintiff waived the implied warranty of fitness for a particular purpose.
[Last updated in July of 2024 by the Wex Definitions Team]