PJC Business

PJC 102.11

DTPA/I NSURANCE C ODE

PJC 102.11 Implied Warranty of Fitness for Particular Purpose— Goods (DTPA § 17.50(a)(2); Tex. UCC § 2.315) Furnishing or selecting goods that were not suitable for a particular purpose if Don Davis had reason to know the purpose and also had reason to know that Paul Payne was relying on Don Davis ’s skill or judgment to furnish or select suitable goods [ or ] COMMENT When to use. PJC 102.11 may be used with PJC 102.8 to submit a claim of breach of an implied warranty of fitness for a particular purpose. See Tex. Bus. & Com. Code § 17.50(a)(2) (DTPA); Tex. Bus. & Com. Code § 2.315 (Tex. UCC). Use of “or.” If used with other instructions (see PJC 102.10 and 102.12–102.13), PJC 102.11 must be followed by the word or , because a finding of any one of the acts or practices defined in the instructions would support recovery under the DTPA. Defendant need not be merchant. Note that this warranty does not require the defendant to be a “merchant,” as does the implied warranty of merchantability in Tex. UCC § 2.314. See PJC 102.10.

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