What is the test for an implied warranty of fitness for a particular purpose?

MultiRegion, United States of America

The following excerpt is from Marroquin v. Pfizer, Inc., 367 F.Supp.3d 1152 (E.D. Cal. 2019):

"An implied warranty of fitness for a particular purpose arises only where (1) the purchaser at the time of contracting intends to use the goods for a particular purpose, (2) the seller at the time of contracting has reason to know of this particular purpose, (3) the buyer relies on the seller's skill or judgment to select or furnish goods suitable for the particular purpose, and (4) the seller at the time of contracting has reason to know that the buyer is relying on such skill and judgment." Keith v. Buchanan, 173 Cal.App.3d 13, 25, 220 Cal.Rptr. 392 (1985). Reliance by the plaintiff upon the skill and judgment of the defendant to select a product that is suitable for the plaintiff's needs is the "major question" for an implied warranty of fitness claim. Id. However, in a context of prescription drugs, "a patient's expectations regarding the effects of a prescription drug are those related to him by his physician, to whom the manufacturer directs the warnings regarding the drug's properties." Carlin, 13 Cal.4th at 1118, 56 Cal.Rptr.2d 162, 920 P.2d 1347 (quoting

[367 F.Supp.3d 1165]

Other Questions


What is the test for determining whether a tape obtained from a witness is relevant for purposes of impeachment purposes? (MultiRegion, United States of America)
Does a medical device sold by a hospital to a patient create an implied warranty between the hospital and the outside seller or representative? (MultiRegion, United States of America)
When a statutory provision is unclear about its purpose, what is the test for determining its purpose? (MultiRegion, United States of America)
Does a defendant who does not fit a government profile for purposes of establishing that he is not a courier have a right to deny that he was a courier? (MultiRegion, United States of America)
Does the withholding of removal statute allow the Attorney General to designate crimes such as assault as particularly particularly serious even if they are not aggravated felonies? (MultiRegion, United States of America)
Is there any case law that supports a plaintiff's claim that the warranty was not a valid warranty for secondary purchasers? (MultiRegion, United States of America)
Does implied bias need to be considered as an implied bias? (MultiRegion, United States of America)
Is there a breach of the implied warranty of packaging that does not disclose trans fat content? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
Does the delayed discovery rule apply to express and implied warranties? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.