Implied warranty: fitness for particular purpose
Source:
Section 72.3150 — Implied warranty: fitness for particular purpose, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
A municipal corporation engaged in the business of supplying water to its inhabitants is engaged in an undertaking of a private nature and is generally liable therein for breach of contract or for negligence as a private corporation would be, but is not subject to an implied warranty of fitness for a particular purpose. Coast Laundry, Inc. v. Lincoln City, 9 Or App 521, 497 P2d 1224 (1972)
The seller was shown to have breached implied warranties of merchantability and fitness for a particular purpose. Valley Iron and Steel Co. v. Thorin, 278 Or 103, 562 P2d 1212 (1977)
In products liability action against manufacturer, where defective product was purchased from distributor and not from manufacturer, there was no “privity of contract” between consumer and manufacturer and thus implied warranty of fitness for particular purpose was not applicable to consumer. Davis v. Homasote Company, 281 Or 383, 574 P2d 1116 (1978)
Evidence, inter alia, that buyer gave no specifications for electronic control unit, that buyer relied upon seller’s skill and judgment in its design and manufacture unit, and that buyer’s inspection did not reveal latent defects, was sufficient to establish existence of implied warranty of fitness for particular purpose. Controltek, Inc. v. Kwikee Enterprises, Inc., 284 Or 123, 585 P2d 670 (1978)
Representation that hay baler was only two years old and had been used only one year was express warranty as it was statement of fact material to bargain in view of plaintiff’s express criterion that baler be newer than his former machine and fact that representation was innocently made in reliance on information supplied by third party was immaterial. Miller v. Hubbard-Wray Co., 52 Or App 897, 630 P2d 880 (1981), Sup Ct review denied, as modified by 53 Or App 531, 633 P2d 1 (1981)
Law Review Citations
28 WLR 565 (1992)