Contract law fit for purpose
What is fit for a specific purpose?
Fit-for-purpose obligations require that a good or service is suitable for a particular purpose.
The fit-for-purpose requirement may be set out in a contract or implied by law..
What is fit for purpose criteria?
Definitions: Used informally to describe a process, configuration item, IT service, etc., that is capable of meeting its objectives or service levels.
Being fit for purpose requires suitable design, implementation, control, and maintenance..
What is fit for purpose in a contract?
A fit for purpose obligation in a construction contract simply means the contractor agrees that the design will meet the employer's demands.
The employer's requirements may be set out in great detail or they may be intentionally broad..
What is the fit for purpose principle?
Definitions: Used informally to describe a process, configuration item, IT service, etc., that is capable of meeting its objectives or service levels.
Being fit for purpose requires suitable design, implementation, control, and maintenance..
- Fit-for-purpose obligations require that a good or service is suitable for a particular purpose.
The fit-for-purpose requirement may be set out in a contract or implied by law. - In simple terms, a 'fitness for purpose' obligation is an obligation to achieve a result.
If the result is not achieved, regardless of any other circumstances, the Contractor will be in breach and liable to compensate the Employer in damages.
'Fitness for purpose' is a phrase used to describe the concept that goods or services must be capable of being used for the intended purpose for which they were purchased.
A fitness for purpose clause is a warranty by which a contractor or consultant promises that the product they have been contracted to design, build or supply is fit for the principal's intended use or purpose once completed.
Should a construction contract include a fitness for purpose clause?
In construction contracts, however, the concept of fitness for purpose has its own body of case law and analysis, and the effect of including a fitness for purpose clause in a construction contract can be draconian
When does the law use the term fitness for purpose?
The following circumstances are the ones in which the law generally uses the term fitness for purpose: For example, if you are a contractor working with a client on a project and there is a warranty place, then you will be held to that obligation
A fit for purpose obligation in a construction contract simply means the contractor agrees that the design will meet the employer’s demands. The employer’s requirements may be set out in great detail or they may be intentionally broad.A fitness for purpose obligation effectively means that that the contractor is guaranteeing that the design will meet the employer’s requirements (whatever they may be). Of course, both parties need to consider whether or not the contract indicates clearly what the employer’s purpose or requirements actually are.Fitness for purpose obligations impose strict legal responsibility on a design and build contractor for the particular result or outcome that is brought about by the operation or use of the completed works. Typically, the level of skill and care used by the contractor doesn’t matter.In design contracts and design and construct contracts, an implied fitness for purpose term is more readily implied because the principal is reliant on the skill and expertise of the consultant or contractor to provide a design or services which will be fit for the intended purposes including any purposes specifically made known to the consultant/contractor.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.
