Okla. Stat. tit. 12A § 2-315

Current through Laws 2024, c. 378.
Section 2-315 - 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 the next section an implied warranty that the goods shall be fit for such purpose.

Okla. Stat. tit. 12A, § 2-315

Laws 1961 P. 82, Sec. 2-315 .

Oklahoma Code Comment

Oklahoma has previously applied the warranty of fitness for a particular purpose in many cases, using the Uniform Sales Act definition, although Oklahoma did not have that act. This required the buyer to "inform" the seller of his needs. Eden v. Vloedman, 202 Okl. 462, 214 P.2d 930 (1949); Balch Newberry, 208 Okl. 46, 253 P.2d 153, 35 A. L.R.2d 1267 (1953); Fairbanks, Morse & Co. v. Miller, 80 Okl. 265, 195 P. 1083 (1921); Chicago Steel Foundry Co. v. F. M. Crowell Co., 159 Okl. 211, 14 P.2d 1105 (1932)

Oklahoma has previously held that one who purchased by trade-name could not rely upon the warranty, but they are cases in which the evidence is quite clear that the buyer in fact relied upon his own judgment, and not that of the seller. Obenchain & Boyer v. Incorporated Town of Roff, 29 Okl. 211, 116 P. 782 (1911); Smith v. Continental Supply Co., 118 Okl. 287 248 P. 626, 59 A.L.R. 1536 (1926). See 12 Okl.Digest Sales 273, fitness for purpose intended, for additional Oklahoma cases.