CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 37 U.C.C. Rep. Serv. (West) 429, 1983 U.S. App. LEXIS 15337
...ness for a particular purpose. Such a warranty arises where a seller has reason to know a particular purpose for which the goods are required and the buyer relies on the seller’s skill or judgment to select or furnish suitable goods. Fla.Stat.Ann. § 672.315; see Royal Business Machines, Inc....
...Appellees assert that the particular purpose for which they intended to use the RBC-I’s was for renting copiers to customers. We hold, as a matter of law, that leasing, as opposed to selling, copiers is not a “particular purpose” to which the protections of § 672.315 attach....
CopyCited 27 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1384
...he agreement may require; and "(f) Conform to the promises or affirmations of fact made on the container or label if any. "(3) Unless excluded or modified (s.
672.316) other implied warranties may arise from course of dealing or usage of trade." [7] Section
672.315, Florida Statutes (1975), provides: "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 f...
CopyCited 23 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 148186, 2014 WL 5139306
...e goods; (2) Identification of the types of warranties created, i.e. express warranty (Section
672.313, Florida Statutes); implied warranty of merchantability (Section
672.314, Florida Statutes); implied warranty of fitness for a particular purpose (Section
672.315, Florida Statutes); (3) Facts in respect to the creation of the particular warranty....
...For example, in the case of an implied warranty of fitness for a particular purpose, the complaint should allege that the seller had reason to know the particular purpose for which the goods were purchased by the buyer and that the buyer relied on the seller’s judgment in providing suit *1231 able goods. Section 672.315, Florida Statutes; (4) Facts in respect to the breach of the warranty; (5) Notice to seller of breach....
CopyCited 18 times | Published | District Court, M.D. Florida
...In this case, since the only remaining party defendant, American Honda, is not the manufacturer, [4] but the distributor/retailer, there can be little doubt that any implied warranties made by the defendant in the sale of the subject motorcycle were "seller's warranties" falling squarely within the ambit of §
672.314 and §
672.315....
CopyCited 12 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 14980, 1991 WL 217507
...(hereafter "Pioneer"), and Digital Equipment Corporation. The complaint contained the following causes of action against Defendant KSH: 1) negligent misrepresentation; 2) breach of an implied warranty of fitness for a particular purpose as provided by § 672.315 of the Florida Statutes; and 3) breach of a common law warranty....
...t I of the amended complaint would have to be dismissed. In Count IV of the amended complaint, Interfase states a claim for damages against KSH due to KSH's breach of an Implied Warranty of Fitness for Particular Purpose pursuant to Florida Statutes § 672.315 (1989)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...dentification of the types of warranties created, i.e. express warranty (Section
672.313, Florida Statutes [1975]); implied warranty of merchantability (Section
672.314, Florida Statutes [1975]); implied warranty of fitness for a particular purpose (Section
672.315, Florida Statutes [1975]); 3) Facts in respect to the creation of the particular warranty....
...For example, in the case of an implied warranty of fitness for a particular purpose, the complaint should allege that the seller had reason to know the particular purpose for which the goods were purchased by the buyer and that the buyer relied on the seller's judgment in providing suitable goods. Section 672.315, Florida Statutes (1975); 4) Facts in respect to the breach of the warranty; 5) Notice to seller of breach....
CopyCited 9 times | Published | District Court, S.D. Florida | 46 U.C.C. Rep. Serv. 2d (West) 77, 2001 U.S. Dist. LEXIS 7809, 2001 WL 673454
...f an implied warranty. These causes of action will proceed respectively under (a) UCC § 2-313, Fla. Stat. §
672.313 (expressed warranties); and (b) UCC § 2-314, Fla. Stat.
672.314 (implied warranty of merchantability) and UCC § 2-315, Fla. Stat.
672.315 (implied warranty of fitness for a particular purpose)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1990 WL 160704
...Sub judice, whether the glasses were unreasonably dangerous involves questions of fact which must be determined by the trier of fact. Accordingly, summary judgment on this claim was improper. BREACH OF WARRANTY In Count III of his complaint, Light alleges breach of warranty for a particular *1305 purpose. Section 672.315, Florida Statutes (1989) provides for the imposition of the implied warranty: 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...
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...is relying on the skill or judgment of the lessor to provide a suitable chattel, the lessor impliedly warrants *32 that the chattel is fit for such purpose. See W.E. Johnson Equipment Co. v. United Airlines, Inc., Fla. 1970,
238 So.2d 98; Fla. Stat. §
672.315, F.S.A....
CopyCited 8 times | Published | District Court, N.D. Florida | 29 U.C.C. Rep. Serv. (West) 1256, 1980 U.S. Dist. LEXIS 13902
...[4] NOTES [1] Although all contracts state the law of Michigan will govern any disputes, both parties have relied upon Florida law. I view this as a waiver of the Michigan law provision and a mutual consent to apply Florida law in this case. [2] §
672.314, Fla.Stat. (1977) [3] §
672.315, Fla.Stat....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 4094, 1992 WL 68968
...Under section
672.314, Florida Statutes (1989), if the seller is a "merchant," which it clearly is sub judice, see section
672.104(1), Florida Statutes (1989), an implied warranty that the goods are fit for the particular purposes of use and are merchantable, arises. See §
672.314- §
672.315, Fla....
CopyCited 8 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 5240, 1993 WL 125144
...plaintiff. Scheuer v. Rhodes,
416 U.S. 232, 236 ,
94 S.Ct. 1683, 1686 ,
40 L.Ed.2d 90 (1947). Defendant claims that Counts II, VII, and XI fail to state a claim for breach of an implied warranty of fitness for a particular purpose. Florida Statutes, section
672.315 (1991) states that: [w]here 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 ......
CopyCited 7 times | Published | District Court, M.D. Florida | 93 Fed. R. Serv. 3d 40, 88 U.C.C. Rep. Serv. 2d (West) 41, 2015 U.S. Dist. LEXIS 150398, 2015 WL 6750813
the Complaint, which cites only to Fla. Stat. §
672.315. The Court can only address the counts presented
CopyCited 6 times | Published | District Court, S.D. Florida | 1990 A.M.C. 2110, 11 U.C.C. Rep. Serv. 2d (West) 829, 1989 U.S. Dist. LEXIS 14443, 1989 WL 143531
...are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. Fla.Stat. § 672.315 (emphasis added)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Under those counts a cause of action is stated sufficient to be afforded an opportunity to adduce appropriate proof of at least the sums paid for the defective casket and any other damages, other than mental pain and suffering, related thereto. (See F.S.
672.314; F.S.
672.315; F.S....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 210330
...The third-party beneficiary's action is based on his reliance that the party obligated by contract to deliver goods or services has adequately performed pursuant to the contract. In the case of "goods," there is an implied warranty that such goods are fit for the purpose intended by the contract. Section 672.315, Florida Statutes....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 16 U.C.C. Rep. Serv. (West) 1263, 1975 Fla. App. LEXIS 13992
...l court granted plaintiff's motion for directed verdict. Thereafter, the jury returned a verdict of $65,000 in favor of the plaintiff and the court entered judgment thereon. Defendant, Chrysler Corporation, appeals therefrom. Basically, we find that § 672.315, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 16 U.C.C. Rep. Serv. 2d (West) 1052, 1991 U.S. Dist. LEXIS 12921, 1991 WL 183333
...gital Equipment Corporation, and KSH Systems, Inc. The complaint contained the following causes of action against Defendant Pioneer: 1) fraudulent misrepresentation; 2) breach of an implied warranty of fitness for a particular purpose as provided by § 672.315 of the Florida Statutes; and 3) breach of a common law warranty....
...e amended complaint would have to be dismissed. In Count III of the amended complaint, Interfase states a claim for damages against Pioneer due to Pioneer's breach of an Implied Warranty of Fitness for Particular Purpose pursuant to Florida Statutes § 672.315 (1989)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2586
...Under the U.C.C. there are two distinct implied warranties, one of merchantability and the other of fitness for a particular purpose. Ryan counterclaimed against Atlantic based upon breach of an implied warranty of fitness for a particular purpose. Section 672.315, Florida Statutes, defines a warranty of fitness for a particular purpose: 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 unless excluded or modified... an implied warranty that the goods shall be fit for such purpose. Section 672.315, Florida Statutes....
CopyCited 4 times | Published | District Court, N.D. Florida | 44 U.C.C. Rep. Serv. 2d (West) 75, 2001 U.S. Dist. LEXIS 4051, 2001 WL 370089
...can arise "[w]here the seller at the time of contracting has reason to know any particular purpose for which the goods are required and ... the buyer is relying on the seller's skill or judgment to select or furnish suitable goods." FLA. STAT. ANN. § 672.315 (West 1993).
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 3501, 1994 WL 135209
...Finally, there was no ambiguity as to the fact that the document was a "rental agreement" and also served as a customer's "receipt." I would affirm. NOTES [1] Note that any language attempting to exclude or modify implied warranties of merchantability or implied warranties of fitness under section 672.315(2) must be conspicuous when contained in a writing....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 17770, 2005 WL 1432788
...re required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. FLA. STAT. § 672.315 (emphasis added)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 64144, 2008 WL 3927223
...or which dental implants are used and the Implant Product was not adequately contained, packaged or labeled. Id. at ¶ 29. The plaintiff further alleges that the defendant violated the implied warranty of fitness for a particular purpose, Fla. Stat. § 672.315 , because the *643 defendant had reason to know when it sold the Implant Product that it would be implanted into the jaws of patients and that dental health care providers would rely upon the defendant for its skill in furnishing suitable...
CopyPublished | Florida 5th District Court of Appeal | 41 U.C.C. Rep. Serv. 2d (West) 1153, 2000 Fla. App. LEXIS 6416, 2000 WL 678812
...of the implied warranties, was waived by Connor when it cut short its trial run in exchange for the incentive of having his first installment payment paid by Proto-Grind. We conclude otherwise based on our interpretation of the applicable statutes. Section 672.315 (1997) provides as follows: Implied warranty; fitness for a particular purposeWhere 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 th...
CopyPublished | Florida 4th District Court of Appeal
CopyPublished | District Court, M.D. Florida | 41 U.C.C. Rep. Serv. (West) 333, 1985 U.S. Dist. LEXIS 18932
...st and costs. Count I of the Amended Complaint is an action for breach of implied warranty of merchantability, pursuant to Section
672.314, Florida Statutes; Count II is an action for implied warranty of fitness for a particular purpose, pursuant to Section
672.315, Florida Statutes; Count VII is a common-law action for negligence; and Count IX is an action for breach of good faith obligation, pursuant to Section
671.203, Florida Statutes....
...The plaintiff bears the burden of proving the necessary elements of each of his asserted causes of action for breach of implied warranty. See Hoder v. Sayet,
196 So.2d 205, 211 (Fla. 3rd DCA 1967). Fitness for Particular Purpose An action for breach of implied warranty of fitness for a particular purpose is *687 defined by Section
672.315, Florida Statutes, which states: 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 furni...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 3 U.C.C. Rep. Serv. 2d (West) 954, 1986 Bankr. LEXIS 5725
...An implied warranty of fitness for a particular purpose arises when the seller knows of the particular purpose for which a particular item was required and knows that the buyer is relying on the seller’s skill or judgment to select or furnish the item suitable for that purpose. Fla. Stat. § 672.315 ....
