3211. Breach of Implied Warranty of Fitness for a Particular Purpose Essential Factual Elements

3211. Breach of Implied Warranty of Fitness for a Particular Purpose-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed because the [consumer good] was not suitable for [his/her] intended use. This is known as a "breach of an implied warranty." To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff] bought a[n] [consumer good] [from/manufactured by/distributed by] [name of defendant]; That, at the time of purchase, [name of defendant] knew or had reason to know that [name of plaintiff] intended to use the [consumer good] for a particular purpose; That, at the time of purchase, [name of defendant] knew or had reason to know that [name of plaintiff] was relying on [his/her/its] skill and judgment to select or provide a [consumer good] that was suitable for that particular purpose; That [name of plaintiff] justifiably relied on [name of defendant]'s skill and judgment; and That the [consumer good] was not suitable for the particular purpose. 3. 4. 5. ________________________________________________________________________________ New September 2003