2005 Connecticut Code - Sec. 42a-2-315. Implied warranty: fitness for particular purpose.

      Sec. 42a-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 section 42a-2-316 an implied warranty that the goods shall be fit for such purpose.

      (1959, P.A. 133, S. 2-315.)

      Annotations to former statute (1958 Rev., S. 42-14):

      Requirements necessary to establish breach of warranty of reasonable fitness. 147 C. 460. Seller held to stricter rule when product is for human use. Id.

      Annotations to present section:

      Manufacturer or producer who puts commodity for personal use or consumption on market in sealed package or other closed container should be held to have impliedly warranted to ultimate consumer that product is reasonably fit for intended purpose and does not contain any harmful and deleterious ingredient of which due and ample warning has not been given. Lack of privity not bar to suit. 148 C. 714 et seq. Annotation to former section 42-14: To establish breach of implied warranty of fitness, plaintiff must show both that the product contains a substance or ingredient which has a tendency to affect injuriously an appreciable number of people and that he has in fact been harmed or injured by its use. 153 C. 137. Cited. 158 C. 458. Cited. 176 C. 245, 253, 254. Cited. 183 C. 266, 274. Cited. 184 C. 10, 19; Id., 607, 616, 617, 620. Cited. 191 C. 150, 164. Cited. 203 C. 342, 362. Cited. 216 C. 65, 83.

      Cited. 1 CA 690, 691. Cited. 2 CA 308, 311. Cited. 27 CA 120, 121, 128; Id., 810, 817. Cited. 33 CA 575, 588.

      Implied warranty is in nature of contract of personal indemnity with original purchaser and does not run with the goods. 22 CS 210. (But see 148 C. 714, cited above.) Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under section 42a-2-607 as condition precedent to suit. 26 CS 223. Cited. 28 CS 481. Cited. 32 CS 69. Cited. 37 CS 735, 740. Cited. 39 CS 107, 113.

      Where defendant recommended and sold to plaintiff paint which did not adhere to surface of his house, court could properly find a breach of implied warranty of fitness. 4 Conn. Cir. Ct. 344-346. Requirements necessary to establish breach of warranty of reasonable fitness. Id. Where buyer was in as good position as seller to determine latent defect in used car, and seller expressly disclaimed any warranties on the sale, buyer could not recover cost of repairs in action for breach of warranty. Id., 685. Cited. 5 Conn. Cir. Ct. 447; 6 Conn. Cir. Ct. 541.