Texas PJC Malpractice 2022

PJC 71.11

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.11

Breach of Implied Warranty of Fitness for a Particular Purpose (Tex. UCC § 2.315)

QUESTION ______ Was there a breach of an implied warranty of fitness for a particular purpose, and, if so, was such breach a proximate cause of the [ injury ] [ occurrence ] in question? A warranty that the goods are fit for a particular purpose is implied if at the time of contracting— 1. the seller had reason to know the particular purpose for which the goods are required; and 2. the seller had reason to know that the buyer was relying on the seller’s skill and judgment to select or furnish suitable goods. There is a breach of an implied warranty of fitness for a particular purpose if at the time of sale the goods supplied by the seller are unfit for the particular purpose for which the goods were purchased. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 71.11 should be used to submit a claim for breach of implied warranty of fitness for a particular purpose under Tex. Bus. & Com. Code §2.315. Claims for personal injury are recoverable under the Texas Business and Commerce Code. Garcia v. Texas Instruments , 610 S.W.2d 456, 462 (Tex. 1980). Personal injury cases may also be brought under the Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code §§ 17.41–.63. For sample questions in a DTPA case, see the current edition of State Bar of Texas, Texas Pattern Jury Charges—Business, Con sumer, Insurance & Employment . Design defect cases. When the breach-of-implied-warranty claim involves the contention that there was a defect in the design of the product, the instruction on and definition of “safer alternative design” in PJC 71.4 should be given. Tex. Civ. Prac. & Rem. Code §82.005; see also Hyundai Motor Co. v. Rodriguez , 995 S.W.2d 661, 664 n.14 (Tex. 1999). Use of “injury” or “occurrence.” See PJC 71.1.

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