Commentary

187 Meaning of ‘fit for a particular purpose’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

187 Meaning of ‘fit for a particular purpose’

| Commentary

187 Meaning of ‘fit for a particular purpose’

The consumer needs to let the trader know any particular purpose for which she is contracting for the digital content before the contract is made (‘Purpose’). The consumer can let the trader know either expressly or by implication1.

If the consumer lets the trader know of the Purpose before the contract is made, then the contract is treated as including a term that the digital content is reasonably fit for that Purpose, whether or not it is a purpose for which digital content of that kind is usually supplied2

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