What is an implied warranty of fitness for a particular purpose?
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UPDATED: Sep 13, 2011
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An implied warranty is a warranty that is considered inherent within the transaction between the buyer and seller. Specifically, the warranty does not have to be specifically stated in words by the seller. The buyer is legally considered to have the right of assuming the warranty exists. If the implied warranty is an implied warranty of fitness for a particular purpose, then it is a specific type of implied warranty.
The implied warranty of fitness for a particular purpose refers to a warranty that is implied when the buyer informs the seller that he is purchasing a product for a specific purpose or when the seller has otherwise been made aware that the buyer has a specific reason for buying the product. Generally, this implied warranty means that the buyer has approached the seller with the need for a product that performs a certain function, and by providing a product in response to the need, the seller is implying that the product is fit for that specific use.
As an example, if a buyer goes to a paint store to purchase weatherproof stain for use on an outdoor deck, and the seller provides him with a type of stain that is not suitable for outdoor use, the implied warranty of fitness for a particular purpose has been violated. While the seller never stated explicitly that the product being sold was guaranteed for the specific need of the buyer, by selling it to the buyer in response to the request, the seller is implying that it is fit for the job.
Violation of the implied warranty of fitness for a particular purpose shifts responsibility onto the seller, thus giving the buyer the right to a refund or compensation for the unfit nature of the purchase.