Which elements must be proven to establish an implied warranty of fitness for a particular purpose?

• A. Buyer has a specific purpose, seller knows of that purpose, and the buyer relies on the seller to select suitable goods.
• B. The seller is a merchant, the goods are consumer goods, and the buyer signs a waiver.
• C. The goods are sold “as is” without any warranties.
• D. The buyer signs a resale agreement.

Answer: (A)

The concept being tested is what must be shown to establish an implied warranty of fitness for a particular purpose under the UCC. For this warranty to arise, three things must be true: the buyer has a specific purpose for the goods, the seller knows about that purpose, and the buyer relies on the seller’s skill or judgment to select or furnish suitable goods. When the seller knows the buyer has a particular use and the buyer relies on the seller to choose appropriate goods, the goods are supposed to be fit for that particular purpose.

This answer fits because it states all three elements: the buyer’s specific purpose, the seller’s knowledge of that purpose, and the buyer’s reliance on the seller to select suitable goods. The other choices don’t capture these requirements: requiring merchant status, consumer goods, and a waiver isn’t needed to create the warranty; saying goods are sold “as is” negates warranties; and a resale agreement isn’t relevant to creating this particular warranty.