Senior Counsel Nicholas Ellis was quoted in a Daily Commercial News article, “Legal Notes: Climate change could affect the nature of fit for purpose warranties,” about the importance of warranties that apply to the purchase or sale of goods.
Unless properly disclaimed in the contract, Ellis said, an implied warranty of fitness for a particular purpose arises when a seller knows, or should know, a buyer’s purpose for the goods, and the seller knows, or should know, that the buyer is relying on the seller to determine what the buyer needs for that purpose.
“Some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods,” he said.
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