Section 38 Implied Warranty of Fitness for a Particular Purpose

• Library: Commercial Law 2007

Section 400.2-315, RSMo 2000, sets forth the implied warranty
of fitness for a particular purpose. Unlike the implied warranty
of merchantability, the implied warranty of fitness for a particular purpose applies to any seller and may, therefore, be imposed on nonmerchants as well as merchants. When the buyer gives the seller reason to know of a particular purpose for which the goods are to be used and that the buyer is relying on the seller’s skill or judgment to select or furnish the goods, an implied warranty will arise that the goods are fit for such purpose. Section 400.2-315. A good’s fitness for a particular purpose is ascertained at the time the good was sold. Stanger v. Smith & Nephew, Inc., 401 F. Supp. 2d 974, 983–84 (E.D. Mo. 2005).

A buyer’s particular purpose must differ from the ordinary purpose for which such goods are used; it must be special or peculiar to the buyer’s business or other needs. Howard Constr. Co. v. Bentley Trucking, Inc., 186 S.W.3d 837, 842 (Mo. App. W.D. 2006) (discussing Comment 2 to § 400.2-315); see also Doe v. Miles, Inc., ...