Wis. Stat. » CHAPTER 402 — UNIFORM COMMERCIAL CODE — SALES
Wisconsin Statutes

Wis. Stat. § 402.315 (2026)

Implied warranty: fitness for particular purpose

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402.315402.315 Implied warranty: fitness for 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 under s. 402.316 an implied warranty that the goods shall be fit for such purpose.
402.315 AnnotationA party may sue for breach of implied warranties under the Uniform Commercial Code although it does not take possession of the goods if it is the party who contracts to buy the goods. Estate of Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101, 335 Wis. 2d 151, 801 N.W.2d 781, 09-1212.
402.315 AnnotationWhen expansion joints corroded soon after installation in a steam system, but the defendant manufacturer was unaware of the corrosive agent in the steam, this section did not allow recovery. Wisconsin Electric Power Co. v. Zallea Brothers, Inc., 606 F.2d 697 (1979).
Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1973–2025 · leading case: Est. of Kriefall v. Sizzler USA Franchise, Inc., 2012 WI 70 (Wis. 2012).
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Est. of Kriefall v. Sizzler USA Franchise, Inc., 2012 WI 70 (Wis. 2012). · cites it 6× “314 and Wis. Stat. § 402.315 , provide warranties that are implied in every contract for the sale of goods, unless expressly excluded.”
City of Stoughton v. Thomasson Lumber Co., 2004 WI App 6 (Wis. Ct. App. 2003). · cites it 6× “2d 420 (1976) (evidence that pump installed in November 1973 failed in August 1974 because the motor was defective establishes that pump was not fit for ordinary purpose) or fit for a particular purpose under Wis. Stat. § 402.315 , see Calumet Cheese Co.”
Ewers v. Eisenzopf, 276 N.W.2d 802 (Wis. 1979). · cites it 4× “Whether there is an implied warranty: fitness for a particular purpose pursuant to sec. 402.315, Stats., when a seller is asked whether the items the buyer selected are "suitable for placement in a salt water aquarium?" The Uniform Commercial Code's provision relating to the…”
Est. of Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 (Wis. Ct. App. 2011). · cites it 3× “§ 402.315 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 furnish suitable goods, there is unless excluded or modified…”
Lamont v. Winnebago Indus., Inc., 569 F. Supp. 2d 806 (E.D. Wis. 2008). · cites it 2× “” Wis. Stat. § 402.315 . But it is clear from the language of the UCC that these warranties can only arise by implication where there is a contract between the parties.”
Valiga v. Nat'l Food Co., 206 N.W.2d 377 (Wis. 1973). · cites it 2× “Sec. 402.315, Stats., provides: *257 “Implied warranty; fitness for particular purpose.”
Fleming Companies, Inc. v. Krist Oil Co., 324 F. Supp. 2d 933 (W.D. Wis. 2004). · cites it 2× “) The Wisconsin codification of the Uniform Commercial Code does provide that a warranty for a particular purpose is implied in certain circumstances; however, the warranty is implied only as to the goods sold and not to circumstances extraneous to their sale, Wis. Stat. §…”
Consol. Papers, Inc. v. Dorr-Oliver, Inc., 451 N.W.2d 456 (Wis. Ct. App. 1989). “An implied warranty of fitness for a particular purpose arises out of sec. 402.315, Stats., and is not an implied warranty of merchantability under sec.”
Micro-Managers, Inc. v. Gregory, 434 N.W.2d 97 (Wis. Ct. App. 1988). “[sec. 402.315, Stats.] Section 402.102 provides that ch.”
Kiss v. Gen. Motors Corp., 2001 WI App 122 (Wis. Ct. App. 2001). “STAT § 402.315 (U.C.C. not fit for particular purpose), and the Magnuson-Moss Warranty — Federal Trade Commission *371 Improvement Act, 15 U.”
Empire Bucket, Inc. v. Contractors Cargo Co., 739 F.3d 1068 (7th Cir. 2014). “” Wis. Stat. § 402.315 . In opposing Empire Bucket’s motion in limine, Contractors Cargo explained that it intended to offer testimony concerning the Charpy impact testing to establish that the weld material used at the location of the inclusion had low fracture toughness (that…”
Samson v. Riesing, 215 N.W.2d 662 (Wis. 1974). “Neither are they subject to liability by virtue of sec. 402.315, Stats. 1967, which imposes an implied warranty *712 in instances where the seller’s expertise is relied upon to furnish goods suitable for a particular purpose.”
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