Legal Definitions - implied warranty of fitness

The implied warranty of fitness is a legal promise that automatically accompanies certain sales, even if it's not explicitly stated or written down. This warranty arises when a buyer communicates a *specific purpose* for a product to a seller, and the buyer then relies on the seller's skill or judgment to select a product suitable for that particular purpose. If the seller provides a product under these circumstances, the law presumes that the product is fit for the specific use the buyer described. Should the product fail to perform for that stated purpose, the seller may be legally responsible for breaching this implied promise.

Here are a few examples to illustrate how the implied warranty of fitness might apply:

• Scenario: Specialized Software
  A small business owner tells a software vendor that they need accounting software specifically designed to manage inventory for a retail clothing store, including tracking sizes and colors. The vendor recommends a particular software package, assuring the owner it has robust inventory management features for retail. If, after purchase, the software proves incapable of accurately tracking inventory by size and color, making it unsuitable for the clothing store's needs, it could be a breach of the implied warranty of fitness.

• Scenario: Construction Materials
  A contractor informs a lumberyard supplier that they need a specific type of wood decking material that is certified to withstand extreme saltwater exposure for a dock being built on a coastal property. The supplier recommends a particular composite decking product, confirming its suitability for marine environments. If the decking material rapidly degrades or corrodes due to saltwater exposure shortly after installation, it may violate the implied warranty of fitness because it failed to meet the specific environmental resistance purpose for which it was sold.

• Scenario: Commercial Kitchen Equipment
  A restaurant owner tells a kitchen equipment supplier that they need a commercial refrigerator capable of maintaining temperatures consistently below 0°F (-18°C) for long-term frozen food storage, as required by health codes. The supplier suggests a specific model, guaranteeing its deep-freeze capabilities. If the refrigerator consistently fails to maintain the required sub-zero temperatures, jeopardizing food safety and violating health regulations, it could be a breach of the implied warranty of fitness, as it did not fulfill the specific cold storage purpose communicated by the buyer.