Del. C. » Title 6 — SUBTITLE I · Commerce and Trade · Part 3
Delaware Code

6 Del. C. § 2-315 (2026)

Implied warranty; fitness for particular purpose

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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 under the next section an implied warranty that the goods shall be fit for such purpose.

5A Del. C. 1953, §§  2-315;  55 Del. Laws, c. 349.; 
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1976–2025 · leading case: Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009).
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Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009). · cites it 4× “NuMed contends that it is entitled to summary judgment on Plaintiffs express warranty claim since “Plaintiff has not identified any express warranty about the stent made by NuMed.” (Doc. No. 25 at 53.) NuMed contends that it is entitled to summary judgment on Plaintiffs implied…”
Brown v. Robyn Realty Co., 367 A.2d 183 (Del. Super. Ct. 1976). “It is noted that 6 Del.C. § 2-315 also contains a requirement that goods be fit for the required purpose.”
Ballard Concrete, LLC v. CDE Global, ID, No. N25C-06-142 FJJ (Del. Super. Ct. Nov. 3, 2025). · cites it 2× “§2-314); 7) breach of the implied warranty of fitness for a particular purpose (6 Del. C. §2-315); 8) anticipatory repudiation; and 9) a declaratory judgement.”
Kathleen M. Szczerba v. Am. Cigarette Outlet, Inc., No. N13C-09-080 WCC, 2016 WL 1424561 (Del. Super. Ct. Apr. 1, 2016). “44 Moreover, pursuant to 6 Del. C. § 2-315, “[w]here the seller … 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…”
Staging Dimensions, Inc. v. KP Walsh Assocs., Inc., No. CPU4-19-001377, 2020 WL 1428120 (Del. Ct. Com. Pl. Mar. 19, 2020). “9 6 Del. C. § 2-315; see also Dilenno v. Libbey Glass Div.”
US Foods, Inc. v. Remcoda, LLC, 723 F. Supp. 3d 301 (S.D.N.Y. 2024). “6 Del. C. § 2-315. The warranty arises “[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.”
Miller v. Leidos, Inc., No. N19C-11-173 EMD (Del. Super. Ct. Oct. 21, 2024). “§ 2-314(1) (stating implied warranty of merchantability claims are only recognized if not excluded or modified); 6 Del. C. § 2-315 (noting implied warranty of fitness for a particular purpose claim are only recognized if not excluded or modified).”
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