When is the warranty of fitness for a particular purpose implied, and how must its disclaimer be made?

• A. The warranty is implied whenever the seller has reason to know that the buyer has a particular use for the goods and relies on the seller's skill to select the goods; a disclaimer must be in writing and be conspicuous.
• B. The warranty is implied only if the buyer asks for it.
• C. No disclaimer is allowed for this warranty.
• D. The disclaimer must be oral.

Answer: (A)

The main idea is that a seller can impose an implied warranty of fitness for a particular purpose when they know the buyer has a specific use for the goods and the buyer relies on the seller’s expertise to choose suitable goods. If the seller knows the buyer’s purpose and that the buyer will rely on their skill, the goods must be fit for that purpose, even without an explicit promise. To limit or exclude this warranty, any disclaimer must be in writing and conspicuous, so it stands out to the buyer. Oral disclaimers don’t meet this requirement, and a vague or unclear disclaimer wouldn’t suffice. This reflects the balance between implied assurances based on the seller’s knowledge and the buyer’s reliance, and the need for a clear, visible written disclaimer to override those protections.