O.C.G.A.
O.C.G.A.

11-2A-213 (2019)

Implied warranty of fitness for particular purpose

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.

History

Code 1981, § 11-2A-213, enacted by Ga. L. 1993, p. 633, § 1.

Annotations

JUDICIAL DECISIONS Reliance on lessor’s skill or judgment. - A claim for breach of an implied warranty of fitness for a particular purpose concerning an air mattress and pump was untenable after it was clear that plaintiffs were relying on the skill of doctors, not the defendant lessor’s skill or judgment, in selecting the appropriate mattress. Griffith v. Medical Rental Supply of Albany, Inc., 244 Ga. App. 120, 534 S.E.2d 859, 2000 Ga. App. LEXIS 640 (2000).

Disclaimer inadequate. - A reasonable person would not necessarily have noticed and understood that by the mere mention of “as is” in the context in which it appeared in a lease agreement, without any mention of any warranties or any disclaimers of warranties, he or she was agreeing to forego any rights to lease a piece of equipment in fit and suitable working condition. Bailey v. Tucker Equip. Sales, Inc., 236 Ga. App. 289, 510 S.E.2d 904, 1999 Ga. App. LEXIS 40 (1999).

RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 2A-213.

Notes of Decisions
Cited in 2 cases, 2000–2020 · leading case: Georgia v. Pub. Resource.Org, Inc., 590 U.S. 255 (2020).
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Georgia v. Pub. Resource.Org, Inc., 590 U.S. 255 (2020). “1 For example, OCGA § 11-2A-213 was enacted, in its current form, in 1993.”
Griffith v. Med. Rental Supply of Albany, 534 S.E.2d 859 (Ga. Ct. App. 2000). · cites it 4× “In this action regarding the alleged breach of an implied warranty of merchantability (OCGA § 11-2A-212) and an implied warranty of fitness for a particular purpose (OCGA § 11-2A-213) concerning an air mattress and pump, Earl Griffith, in his individual capacity and as executor…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.