UT · jury_instructions
MUJI 2d CV1033
Breach of Implied Warranty. Elements of claim for breach of an implied warranty of fitness for a particular purpose. (Contract).
In this case, [name of plaintiff] claims that [name of defendant] made an implied warranty that the [product] was fit for [describe the particular purpose]. To establish this claim, [name of plaintiff] must prove all of the following:
(1) that [name of defendant] knew or had reason to know that [name of plaintiff] was buying the [product] for a particular purpose;
(2) that [name of defendant] knew or had reason to know that [name of plaintiff] was relying on [name of defendant]'s skill or judgment to select or furnish a suitable [product];
(3) that the [product] was unfit for the particular purpose [name of plaintiff] bought it for;
(4) that [name of plaintiff] was harmed, and
(5) that the failure of the [product] to conform to the warranty was a cause of [name of plaintiff]'s harm.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
bc3951179e51a0ccbd7a2c631ff34bd0133886115f5a3452f68c78df53e60c1c
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