§ 32-35 Products Liability - Implied Warranty of Fitness for a Particular Purpose

LibrarySouth Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 32-35 Products Liability - Implied Warranty of Fitness for a Particular Purpose

As to implied warranty, the plaintiff claims the defendant breached the implied warranty that the product was fit for the particular purpose for which the defendant knew it was to be used.

South Carolina Code section 36-2-315, entitled "Implied warranty: Fitness for particular purpose," provides:

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 . . . an implied warranty that the goods shall be fit for such purpose.

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