Implied Warranty of Fitness Law and Legal Definition
An implied warranty of fitness for a particular purpose or implied warranty of fitness refers to a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. 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 only requires that the seller possess knowledge and expertise on which the buyer may rely.
The three requirements to be met for implied warranty of fitness for a particular purpose are:
- The seller must know or have reason to know of the buyer's particular purpose for the goods;
- The seller must have reason to know of the buyer's reliance on the seller's skill and knowledge in furnishing the appropriate goods; and
- The buyer must rely on the seller's skill and knowledge.
However, even when these requirements are met, courts will not imply a warranty of fitness under certain circumstances.
