WHAT IS AN IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE?
An implied warranty that an automobile, boat or other product is fit for a particular purpose arises when: parties enter into a contract for the sale of an automobile, boat or other product the seller knows or should know that the buyer requires the automobile, boat or other product for a particular purpose; and the buyer is relying on the sellers skill or judgment to pick or provide suitable goods, For an implied warranty of fitness for a particular purpose to exist, the buyer must actually rely on the sellers skill or judgment rather than the buyer relying on their own skill or judgment in buying the automobile, boat or other product. To determine this issue, the judge or jury deciding a case considers the following: all the facts and circumstances surrounding the sale – both what was said and what was done by the parties, including, any reference to a particular trade or brand name). whether under all of the facts and circumstances existing at the time of the sale, the seller new or
