Breach: 09. Breach of Implied Warranty of Fitness for a Particular Purpose

1. The purchaser at the time of contracting intends to use the goods for a particular purpose;
2. The seller at the time of contracting has reason to know of this particular purpose;
3. The buyer relies on the seller’s skill or judgment to select or furnish goods suitable for The particular purpose; and
4. The seller at the time of contracting has reason to know that the buyer is relying on such skill and judgment.

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

Cal. Com. Code § 2315.

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