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An implied warranty of fitness for a particular purpose occurs 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 then guarantees that the item is fit for that particular purpose. [1] [2] [3]
The warranty of fitness for a particular purpose is implied unless disclaimed when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide tires for use on snowy roads and receives tires that are unsafe to use in snow.
Kellogg Bridge Company v. Hamilton, 110 U.S. 108 (1884), involved an Implied warranty of fitness for a particular purpose lawsuit. The Supreme Court held that under the circumstances of this case (shoddy construction of a bridge), the buyer had the right to rely and necessarily relied on the judgment of the seller and not upon his own.
we, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringment. your only remedy for any defective software is replacement of the software.
The modern trend in the U.S. is that the implied warranty of fitness for a particular purpose applies in the real-estate context to only the sale of new residential housing by a builder-seller and that the caveat emptor rule applies to all other real-estate sale situations (e.g. homeowner to buyer). [3]
all warranties, express, implied or statutory, to licensee, or any other party, for software and services provided under this agreement are hereby disclaimed in their entirety, including but not limited to the implied warranties of merchantability and fitness for a particular purpose or other warranties for non-infringement, satisfactory ...
we, our suppliers and distributors disclaim all express and implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-interference, non-infringement or accuracy, unless such implied warranties are legally incapable of exclusion.
Chysky v. Drake Bros. Co., [1] 235 N.Y. 468, 139 N.E. 576 (1922), was a products liability case before the New York Court of Appeals.The Court held that a plaintiff cannot recover from a defendant based on implied warranty when she does not have contractual privity with him; [2] thus, a plaintiff cannot recover from a defendant who sold her employer food unfit for consumption, because the ...