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AMI 2513 Implied Warranty of Fitness for a Particular Purpose

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2513
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 25. UCC Sales Contracts
AMI 2513 Implied Warranty of Fitness for a Particular Purpose
[Unless excluded or modified,] where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is an implied warranty that the goods shall be fit for such purpose.
NOTE ON USE
Use this instruction when the plaintiff claims that the parties' contract contains an implied warranty of fitness for a particular purpose.
Use the bracketed phrase if there is an issue of exclusion or modification of warranty and also use AMI 2514.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-315.
If the particular purpose for which goods are to be used coincides with their general functional use, the implied warranty of fitness for a particular purpose merges with the implied warranty of merchantability. Great Dane Trailer Sales, Inc. v. Pryrock, 301 Ark. 436, 785 S.W.2d 13, 16 (1990); F.L. Davis Builders Supply, Inc. v. Knapp, 42 Ark. App. 52, 60, 853 S.W.2d 288, 291 (1993).
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