Stretcheez made flexible, yet durable, stretchable skins in a variety of fashion
ID: 428682 • Letter: S
Question
Stretcheez made flexible, yet durable, stretchable skins in a variety of fashionable colors and patterns for a variety of uses and applications. Talcott went to a store which sold Stretcheez and asked the salesperson for something that could both cover and protect one of the new version electronic tablets Talcott was planning to order for his wife’s birthday, and the salesperson recommended a particular model and size of Stretcheez. Unfortunately, the Stretcheez did not fit the particular tablet Talcott described. Which of the following statements is true with regard to this scenario?
Since the salesperson never intended to make a warranty of fitness for particular purpose, no such warranty was made.
The manufacturer had no knowledge of Talcott’s particular purpose, so no warranty applies.
Because the seller knew Talcott was looking for a particular item and Talcott relied on the seller’s judgment to select the item, there was a warranty of fitness for a particular purpose.
In order for a warranty of fitness for a particular purpose to arise, the warranty must be stated in writing.
Explanation / Answer
Because the seller knew Talcott was looking for a particular item and Talcott relied on the seller’s judgment to select the item, there was a warranty of fitness for a particular purpose. This statement is true because UCC 2-315 provides that
"Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."
That is an implied warranty of fitness for particular purpose arises when: (1) the seller knows, or should know, buyer’s purpose for the goods; and (2) the seller knows, or should know, that buyer is relying on seller to determine what the buyer needs for that purpose.
This is what has happened in this particular case: Seller knew that Talcott was looking for a particular item and Talcott relied on the seller’s judgment to select the item, so there was a warranty of fitness for a particular purpose.