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Implied warranty of fitness for a particular purpose

Under the principle of implied warranty, products (goods or services) must be fit for the 'ordinary' use for which they are intended. But where the seller (or provider or manufacturer) knows the buyer's particular use (and the buyer relies on the seller's expertise or judgement in choosing the product) then an 'implied warranty for fitness for a particular purpose' is created. In other words, the seller warranties that the product will be fit for the buyer's specific use. For example, if a buyer buys food for immediate consumption and relies on the food seller's judgment, then there is an implied warranty that the food is fit for immediate consumption. In industrial purchases, however, if a buyer submits detailed specifications (or if the seller sells on 'as is' basis) the buyer may not claim to have relied on the seller's judgment.

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  • Part of Speech: noun
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  • Industry/Domain: Law
  • Category: Contracts
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