Robert Brain, ‘The Unnecessary Warranty of Fitness for a Particular Purpose’

Warranty law provides that if a seller makes ‘an affirmation of fact’ about an attribute of a good, an express warranty is created upon its sale. But if the buyer specifies she wants a good with that same attribute, a warranty of fitness for a particular purpose is formed upon the sale. This distinction, without an analytical difference, can cause problems. Take the case where a dry cleaner wanted to use its existing steam cleaner to power a heating system for its store. It called a commercial heating company, explained its desires, and the heating company put in a system …

Brain, Robert D, The Unnecessary Warranty of Fitness for a Particular Purpose (August 7, 2019). Loyola Law School, Los Angeles Legal Studies Research Paper No 219-19, July 2019.

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