When does the implied warranty of fitness for a particular purpose arise in a transaction?
Explanation
The implied warranty of fitness for a particular purpose is created when a seller is aware of the specific, non-ordinary purpose for which a buyer needs goods and is also aware that the buyer is relying on the seller's expertise to choose the right goods for that purpose.
Other questions
Under the Uniform Commercial Code, what is the consequence if a merchant-seller is deemed to warrant that the goods delivered are free from any copyright, trademark, or patent claims of a third person, and this warranty is breached?
What is the primary basis for the public policy that imposes strict product liability on manufacturers and distributors?
According to the Restatement (Third) of Torts, when is a product considered to have a manufacturing defect?
What is the time limit under which an action for breach of contract under the UCC must be commenced?
Under the UCC, which of the following statements about a seller's opinion or 'puffing' is true regarding the creation of an express warranty?
What are the requirements for a defendant to successfully use assumption of risk as a defense in a product liability action?
Under the Magnuson-Moss Warranty Act, if a seller provides an express written warranty for a consumer good costing more than a certain amount, what must the warranty be labeled as?
Which of the following is a key difference between a 'full warranty' and a 'limited warranty' under the Magnuson-Moss Warranty Act?
What is the consequence for a consumer who fails to notify a lessor of an infringement claim within a reasonable time under the UCC?
Which of the following is a required element to establish a product liability claim based on fraudulent misrepresentation?
According to the UCC, how can implied warranties of merchantability and fitness generally be disclaimed?
What is the legal standing of a warranty of good title in a sales contract unless otherwise specified?
Under the Restatement (Second) of Torts, Section 402A, which of the following is NOT a requirement for a cause of action in strict product liability?
What is the 'knowledgeable user' defense in the context of product liability?
According to the UCC's rules on conflicting warranties, what is the order of precedence if an express warranty and an implied warranty of fitness for a particular purpose are inconsistent?
What is the maximum penalty for a person convicted of the federal felony of gaining unauthorized access to an EFT system?
If a buyer refuses to inspect goods upon the seller's request before a contract is made, what is the effect on implied warranties?
In the context of the implied warranty of merchantability for food, what is the general standard courts use to determine if food is 'merchantable'?
What is the purpose of a statute of repose in the context of product liability actions?
Which of the following scenarios best illustrates the creation of an express warranty by sample or model?
In a product liability suit based on a design defect, what is the primary analysis a court engages in to determine if a product's design is defective?
In the context of defenses to product liability, what is the primary difference between 'product misuse' and 'assumption of risk'?
What type of warranty of title protects a buyer from claims or liabilities, such as a creditor's security interest, that may exist against the goods at the time of the contract?
According to the Class Action Fairness Act (CAFA) of 2005, what are the requirements for a federal district court to have original jurisdiction over a class action lawsuit?