Implied Warranty of Fitness for Particular Purpose
What is the Implied Warranty of Fitness for Particular Purpose?
Under UCC 2-315, when a seller knows of a buyer's particular purpose and the buyer relies on the seller's expertise to select suitable goods, a warranty arises that the goods will be fit for that purpose.
Source: Lewis v. Mobil Oil Corp., 438 F.2d 500 (8th Cir. 1971)
Definition
The implied warranty of fitness for a particular purpose, codified in UCC section 2-315, arises when a seller has reason to know of a buyer's particular purpose for purchasing goods and knows that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods. Unlike the warranty of merchantability, this warranty does not require that the seller be a merchant—any seller can trigger it—though in practice it most often involves merchants with specialized knowledge.
The 'particular purpose' must differ from the ordinary purpose for which the goods are used. For example, shoes are ordinarily used for walking, but if a buyer communicates that they need shoes for mountain climbing in extreme conditions and relies on the seller to select appropriate footwear, a fitness warranty arises for that particular purpose. The key elements are the seller's knowledge of the specific purpose and the buyer's reliance on the seller's expertise, which the seller must have reason to know about.
This warranty can be disclaimed, but the disclaimer must be in writing and conspicuous under UCC 2-316(2). Unlike the merchantability warranty, there is no requirement to use specific magic words. A general 'as is' or 'with all faults' sale also disclaims this warranty. The warranty is an important complement to merchantability because it protects buyers who communicate specialized needs and depend on the seller's superior knowledge of the product.
Key Elements
- 1The seller has reason to know the buyer's particular purpose for the goods
- 2The buyer's purpose is specific and differs from the goods' ordinary use
- 3The seller has reason to know the buyer is relying on the seller's skill or judgment
- 4The buyer actually relies on the seller's expertise to select suitable goods
- 5The goods fail to meet the particular purpose
Landmark Cases
Lewis v. Mobil Oil Corp.
438 F.2d 500 (8th Cir. 1971)
Found an implied warranty of fitness where the buyer relied on the oil company's expertise to recommend the right hydraulic oil for specific industrial machinery.
Caterpillar Tractor Co. v. Donahue
674 P.2d 1276 (Wyo. 1984)
Addressed the distinction between ordinary and particular purpose, finding that heavy-duty use in extreme conditions constituted a particular purpose.
Sessa v. Riegle
427 F. Supp. 760 (E.D. Pa. 1977)
Held that no fitness warranty arose because the buyer, an experienced horseman, did not rely on the seller's judgment in selecting a horse.
Exam Tips
- Always distinguish between ordinary purpose (merchantability) and particular purpose (fitness)—the buyer must have a specific, non-ordinary use.
- The buyer must actually rely on the seller's expertise, and the seller must have reason to know of both the purpose and the reliance.
- If the buyer specifies a brand or selects the goods independently, the fitness warranty likely does not arise because there is no reliance.
- Check whether both warranties apply—goods can breach one, both, or neither.
Common Mistakes to Avoid
- Treating any use of goods as a 'particular purpose'—the purpose must be specific and different from the goods' ordinary use.
- Overlooking the reliance element: if the buyer independently selects goods or specifies a brand, there is no reliance on the seller's judgment.
- Assuming only merchants can trigger this warranty—unlike merchantability, any seller can make this warranty if the elements are met.
Memory Aid
Fitness = Finds It Through Seller's Skill. The buyer tells the seller what they need and trusts the seller to pick the right product.