Under the principle
of implied warranty
, products (goods or services) must be fit for the 'ordinary' use for which they are intended. But where the seller
or manufacturer) knows the buyer's particular use (and the buyer
relies on the seller's expertise
in choosing the product) then an 'implied warranty
for fitness for a particular purpose' is created. In other words, the seller warranties that the product
will be fit for the buyer's specific use. For example, if a buyer buys food
for immediate consumption
and relies on the food seller's judgment, then there is an implied warranty that the food is fit for immediate consumption.
purchases, however, if a buyer submits detailed
specifications (or if the seller sells on 'as is' basis) the buyer may not claim
to have relied on the seller's judgment.