Pleading Implied Warranty of Fitness for Particular Purpose Claims Checklist

Summary

This checklist addresses pleading an implied warranty of fitness for a particular purpose claim in a commercial litigation matter pursuant to Article 2 of the Uniform Commercial Code (UCC). This checklist provides a general explanation of implied warranty of fitness claims, including the required elements for alleging such claims, but does not cover specific state or federal law distinctions or requirements. Counsel should therefore review the applicable state and/or federal law regarding your client's implied warranty claim(s) and ascertain if there are any additional required elements for the relevant jurisdiction and/or forum, and whether additional state or federal laws may apply to the subject sales transaction. Counsel should also consider additional claims involving other warranties, such as express warranties, the implied warranty of merchantability, strict liability, and other breach of contract-related claims.