Except as otherwise provided in this section, 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 Section 75-2-316, an implied warranty that the goods shall be fit for such purpose. Provided, however, with respect to the sale of cattle, hogs and sheep, there shall be no implied warranty that the cattle, hogs and sheep are free from sickness or disease at the time the same is consummated, conditioned upon reasonable showing by the seller or his agent that all state and federal regulations pertaining to animal health were complied with.
Codes, 1942, § 41A:2-315; Laws, 1966, ch. 316, § 2-315; Laws, 1976, ch. 385, § 2; Laws, 1981, ch. 430, § 2; Laws, 1998, ch. 513, § 2, eff. 7/1/1998.
Amended by Laws, 2014, ch. 312, HB 96, 3, eff. 7/1/2014.
Notes of Decisions
Cited in
18
cases, 1975–2009 · leading case:
Lacy v. Morrison, 906 So. 2d 126 (Miss. Ct. App. 2004).
Lacy v. Morrison, 906 So. 2d 126 (Miss. Ct. App. 2004).
· cites it 2× “" Lacy, therefore, argues that the transmission's subsequent failure, after pulling a trailer to Oklahoma, constitutes a breach by Morrison of their contract's implied warranty of fitness for a particular purpose, as codified in Miss. Code Ann. § 75-2-315 (Rev.2002). ¶ 14.”
JL Teel Co., Inc. v. Houston United Sales, 491 So. 2d 851 (Miss. 1986).
“Miss. Code Ann. § 75-2-315 (Supp. 1985) by analogy suggests, in the context of the facts of this case, that Teel warranted that the copier was fit for the specific purposes communicated to it by Houston.”
Gast v. Rogers-Dingus Chevrolet, 585 So. 2d 725 (Miss. 1991).
“.. (2) Goods to be merchantable must be at least such as * * * * * * (c) are fit for the ordinary purposes for which such goods are used.”
Mercury Marine v. Clear River Const. Co., 839 So. 2d 508 (Miss. 2003).
“Miss.Code Ann. § 75-2-315 (2000). ¶ 53. Given the circumstances leading up to the purchase of the motors, this warranty is entirely applicable.”
Austin v. Will-Burt Co., 232 F. Supp. 2d 682 (N.D. Miss. 2002).
“Miss.Code Ann. § 75-2-315 covers the implied warranty of fitness for a particular purpose.”
Johnson v. Davidson Ladders, Inc., 403 F. Supp. 2d 544 (N.D. Miss. 2005).
“Miss.Code Ann. § 75-2-315. A caveat to the warranty of fitness for particular purpose applies when the good is merely purchased for the ordinary use of a good of that kind.”
Tucker v. Aqua Yacht Harbor Corp., 749 F. Supp. 142 (N.D. Miss. 1990).
“Two implied warranties also attach to these engines: (1) an implied warranty of merchantability (Miss.Code Ann. § 75-2-314); and (2) an implied warranty of fitness for a particular purpose (Miss.”
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.