A warranty of fitness is a guarantee that the item you purchase will function according to your specific requirements. It is not sufficient for the item to simply work under normal circumstances; it must work specifically for your needs. This guarantee is provided by the seller and applies to various items such as toys, clothing, and even automobiles. The seller must be aware of your intended use for the item and understand that you are relying on them to provide something that will meet your needs. However, if you are an expert or consult someone knowledgeable in the field, you may not be able to depend on this guarantee.
A warranty of fitness is a guarantee that ensures the goods purchased are suitable for the specific purpose intended by the buyer. This warranty goes beyond general fitness and requires the product to be suitable for a particular purpose. For example, if someone buys a bicycle for racing, the warranty of fitness ensures that the bicycle is suitable for racing, not just general use. This warranty applies to retailers, distributors, and manufacturers. An implied warranty of fitness for a particular purpose applies when the seller, at the time of contracting, knows of any specific purpose for which the goods are required, and the buyer relies on the seller’s expertise to select suitable goods. The buyer can waive this warranty if they are an expert or bring in outside experts. In the case of Keith v. Buchanan, the plaintiff purchased a boat from the defendant with the specific purpose of being “seaworthy.” Since the plaintiff’s friend, who had experience with boats, inspected the boat before the purchase, the court determined that the plaintiff had waived the implied warranty of fitness for a particular purpose.
The warranty of fitness is a legal guarantee that a product or service will be suitable for its intended purpose and will perform as expected.
The warranty of fitness is typically provided by the seller or manufacturer of a product or service.
The warranty of fitness covers any defects or malfunctions that prevent the product or service from functioning properly for its intended use.
The duration of the warranty of fitness can vary depending on the product or service, but it is usually for a reasonable period of time.
In some cases, the warranty of fitness can be waived or disclaimed by the seller or manufacturer, but certain legal requirements must be met for this to be valid.
If a product or service does not meet the warranty of fitness, you should contact the seller or manufacturer to request a repair, replacement, or refund.
Yes, you can sue for breach of the warranty of fitness if the seller or manufacturer fails to fulfill their obligations under the warranty.
Yes, there may be limitations to the warranty of fitness, such as exclusions for certain types of damage or misuse of the product or service.
In some cases, the warranty of fitness can be transferred to a new owner if the product or service is sold or transferred to another party.
Yes, if you have concerns about the warranty of fitness or need assistance with a related legal matter, it is advisable to consult with a qualified attorney who specializes in consumer protection or product liability law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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