Express Warranty of Fitness for a Particular Purpose: Extent of Overlap in Same Factual Context with Implied Warranty of Fitness for a Particular Purpose

71 No. 1 U.C.C. Bulletin 1 (June 2010)

Touro Law Center Legal Studies Research Paper Series

7 Pages Posted: 18 Dec 2013

See all articles by Sidney Kwestel

Sidney Kwestel

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2010

Abstract

A warranty of fitness for a particular purpose is implied in a sale of goods where, at the time of contract, the seller knows or has reason to know of the buyer's particular purpose for purchasing the goods “and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods.” Given these facts, not only should they create an implied warranty of fitness for a particular purpose under U.C.C. § 2-315 but it seems that they may reasonably be construed by the trier of the facts to also create an express warranty under U.C.C. § 2-313(1)(a). Thus viewed against the existence of these particular background facts -- i.e., words and conduct by the parties that satisfy the factual criteria of U.C.C. § 2-315 -- it seems that the seller is promising the buyer as part of their agreement that the goods that the seller is furnishing will accomplish the buyer's intended purpose in making the purchase. In other words, a promise by the seller that the goods offered for sale will be fit for the buyer's particular purpose may be inferred from the same factual circumstances that give rise under U.C.C. § 2-315 to an implied warranty of fitness for a particular purpose.

Keywords: Express Warranty, Warranty of Fitness for a Particular Purpose, Implied Warranty, Uniform Commercial Code, UCC, Section 2-315, Section 2-313(1)(a)

Suggested Citation

Kwestel, Sidney, Express Warranty of Fitness for a Particular Purpose: Extent of Overlap in Same Factual Context with Implied Warranty of Fitness for a Particular Purpose (2010). 71 No. 1 U.C.C. Bulletin 1 (June 2010), Touro Law Center Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=2359598

Sidney Kwestel (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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