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judgment in selecting the tractors. [ See Duett Landforming, Inc. v. Belzoni Tractor Co., Inc. , 34 So.3d 603 (Miss. Ct. App. 2009).]
5. Determining Whether the Goods Are Fit for the Buyer’s Particular Purpose In determining whether the goods are fit for the buyer’s particular purpose, it may be advisable to consult the rules set forth under Fitness for the Ordinary Purposes for Which the Goods Are Used, supra , substituting “ordinary purposes” for whatever the buyer’s particular purpose is. 6. Limitations on Recovery for Breach of Warranty of Fitness for a Particular Purpose The implied warranty of fitness for a particular purpose bears many of the same limitations on recovery as the implied warranty of merchantability, including:
disclaimer, the privity requirement (in some jurisdictions), and the plaintiff’s conduct.
[ See 2 Hawkland UCC Series § 2-315:4, Westlaw (database updated June 2021); Excluding and Modifying Warranties, infra ; Plaintiff’s Conduct as a Limitation on Recovery, Privity and Products Liability, supra .] Excluding and Modifying Warranties Section 2-316 sets forth the rules by which parties to a contract for the sale of goods may exclude or modify (read: disclaim or limit) express warranties and the implied warranties of merchantability and fitness for a particular purpose. These rules’ essential purpose is to avoid unfair surprise to the buyer from hidden or fine-print language disclaiming vital warranties, on which buyers customarily rely. Notably, § 2-316 does not apply to the warranty of title. Rather, the rules on excluding or modifying the warranty of title, discussed above, appear in § 2-312. The UCC does not directly address the circumstances under which the parties may exclude or modify the warranties against infringement, though they may presumably do so by contract. [ See U.C.C. § 2-316, cmt. 1 (1951); 2 Hawkland UCC Series § 2-316:1, Westlaw (database updated June 2021).]
Note : Overriding federal law, such as the Magnuson-Moss Warranty Act, may limit the effectiveness of warranty disclaimers, particularly in consumer transactions. [ See 2Hawkland UCC Series § 2-316:5, Westlaw (database updated June 2021).]
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