MBE Rules · Contracts
Implied Warranty of Fitness
UCC §2-315
The rule
Where the seller knows the buyer's particular purpose and the buyer relies on the seller's skill to select goods, an implied warranty of fitness for that purpose arises — merchant status not required.
In plain English
The Implied Warranty of Fitness ensures that if a seller knows what the buyer needs the goods for and the buyer relies on the seller's expertise to choose the right product, the goods must be suitable for that specific purpose. This warranty applies even if the seller is not a merchant.
Worked example
A homeowner goes to a hardware store and tells the clerk they need paint that will withstand extreme weather conditions for an outdoor project. The clerk recommends a specific type of paint. When the paint fails to hold up, the homeowner can claim a breach of the implied warranty of fitness for that purpose, as they relied on the clerk's expertise.
Memory hook
If you trust the seller's choice for a specific need, they must deliver the goods that fit that need.
The trap
Exams may present scenarios where the seller is not a merchant, leading students to mistakenly believe the warranty does not apply. Watch for reliance on the seller's expertise as a key factor.
How examiners test it
Questions often involve fact patterns where a buyer explicitly states their needs and relies on the seller's recommendations, testing the application of the warranty in non-merchant contexts.
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