Nebraska Uniform Commercial Code 2-315

UCC 2-315

2-315.

Implied warranty; fitness for particular purpose.

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.

Source

  • Laws 1963, c. 544, Art. II, § 2-315, p. 1723.

Annotations

  • 1. Recovery by buyer

  • 2. Applicability of section

  • 1. Recovery by buyer

  • In order to recover under a warranty of fitness for a particular purpose, a buyer must show that (1) the seller had reason to know of the buyer's particular purpose in buying the goods, (2) the seller had reason to know that the buyer was relying on the seller's skill or judgment to furnish appropriate goods, and (3) the buyer, in fact, relied upon the seller's skill or judgment. Laird v. Scribner Coop, 237 Neb. 532, 466 N.W.2d 798 (1991).

  • In order for one to recover for a breach of an implied warranty of fitness under this section, the purchaser must prove that (1) the seller had reason to know of the buyer's particular purpose, (2) the seller had reason to know that the buyer was relying on the seller's skill or judgment to furnish appropriate goods, and (3) the buyer, in fact, relied upon the seller's skill or judgment. Mennonite Deaconess Home & Hosp. v. Gates Eng'g Co., 219 Neb. 303, 363 N.W.2d 155 (1985).

  • In order to recover on a claim of breach of an implied warranty of fitness for a particular purpose, it must be shown, among other things, that the buyer in fact relied upon the seller's skill or judgment. O'Keefe Elevator v. Second Ave. Properties, 216 Neb. 170, 343 N.W.2d 54 (1984).

  • One who relies upon a special custom must allege it and that other party had knowledge of it and contracted with reference thereto. Timmerman v. Hertz, 195 Neb. 237, 238 N.W.2d 220 (1976).

  • Sewage processing plant constructed for sale to city's pollution control corporation by private company was subject to implied warranty of merchantability and of fitness for particular purpose for which it was to be used, and city could recover for breach. Omaha Pollution Control Corp. v. Carver-Greenfield Corp., 413 F.Supp. 1069 (D. Neb. 1976).

  • 2. Applicability of section

  • The implied warranty of fitness for a particular purpose is imposed upon goods when and only when they become the subject of a contract for their sale. A seller cannot impliedly warrant a product's fitness for a particular purpose when that product is not a part of the sales contract. Cobb v. Sure Crop Chem. Co., 255 Neb. 625, 587 N.W.2d 355 (1998).

  • Liability under this section exists only when goods do not fulfill the specific need for which they were purchased, and not when the goods in question are defective per se or fail to meet their ordinary purpose. Stones v. Sears, Roebuck & Co., 251 Neb. 560, 558 N.W.2d 540 (1997).

  • Where a contract for the bailment of a chattel occurs, the contract may give rise to an implied warranty of fitness for the purpose for which the chattel was bailed but this is not a warranty based on an extension of section 2-315, U.C.C., but rather a common law warranty of bailment. Herman v. Midland Ag Service, Inc., 200 Neb. 356, 264 N.W.2d 161 (1978).

  • Buyer's reliance on representations was a jury question. El Fredo Pizza, Inc. v. Roto-Flex Oven Co., 199 Neb. 697, 261 N.W.2d 358 (1978).

  • Instruction allowing jury to find an exclusion of implied warranty of fitness of bull for breeding by trade usage held proper. Torstenson v. Melcher, 195 Neb. 764, 241 N.W.2d 103 (1976).

  • Where seller had reason to know particular purpose for which goods were required and that buyer was relying on seller's skill to furnish suitable goods, there was an implied warranty unless excluded or modified under section 2-316, U.C.C. Shotkoski v. Standard Chemical Manuf. Co., 195 Neb. 22, 237 N.W.2d 92 (1975).

  • Where there is an implied warranty of fitness for a particular purpose hereunder, the old rule that there is no implied warranty of soundness in sale of animals is no longer in effect. Ruskamp v. Hog Builders, Inc., 192 Neb. 168, 219 N.W.2d 750 (1974).

  • Where seller at time of contracting has reason to know particular purpose for which goods are required and that buyer is relying on seller's skill or judgment to select or furnish suitable goods there is, unless excluded or modified, an implied warranty that the goods shall be fit for such purpose. Larutan Corp. v. Magnolia Homes Manuf. Co., 190 Neb. 425, 209 N.W.2d 177 (1973).

  • Under facts in this case, applicability of this section was jury question. Gillette Dairy, Inc. v. Hydrotex Industries, Inc., 440 F.2d 969 (8th Cir. 1971).