Buyer enters a paint store and tells the clerk that she needs paint that will cover and stick to a stucco wall.The seller tells her that brand X paint will do the trick.Buyer purchases brand X paint and paints her stucco wall,but three weeks later the paint peels off.This would be a breach of which kind of warranty?

Question

Quizplus · Accepted Answer

The buyer explicitly informed the seller about the need for a paint that would cover and stick to a stucco wall, which implies that the buyer was relying on the seller's expertise to recommend a suitable product. By recommending brand X paint, the seller implied that it was fit for the particular purpose of covering and sticking to a stucco wall. However, since the paint failed to meet this purpose and resulted in the paint peeling off, it is a breach of the implied warranty of fitness for a particular purpose.

Buyer Enters a Paint Store and Tells the Clerk That