WI · jury_instructions
Wis JI-Civil 3202
Implied Warranty: Fitness for Particular Purpose
An "implied warranty" is a warranty which arises by operation of law from the acts of
the parties or circumstances of the transaction. It requires no intent or particular language or
action by the seller to create it.
When the seller at the time of sale has reason to know any particular purpose for
which the goods (product) are required and that the buyer is relying on the seller's skill or
judgment to select or furnish suitable goods (product), there is an implied warranty that the
goods (product) shall be fit for such purpose. In determining whether the goods (product)
were fit for such purpose, you will consider its use in the light of common knowledge of the
nature of the goods (product) sold. [A warranty of this kind does not mean that the goods
(product) can be used with absolute safety, or that they are perfectly adapted to the intended
use, but only that they shall be fit for such purpose.]
History
Wis JI-Civil 3202 (1994). ©1994, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f6fe7e6be6edbb2226af14f6116d24860e3c16e8f9f78fa5bd919f8ea7a38db3
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