Implied Term as to Fitness for Particular Purpose – Section 14(3) of the Sale of Goods Act
In our previous post, we discussed Section 14(2) of the Sale of Goods Act, which protects buyers by ensuring that goods must be of satisfactory quality. That rule looks at whether the average consumer, considering the description, the price, and the circumstances, would find the product acceptable.
But sometimes, “ordinary quality” is not enough. There are situations where the buyer does not just want a product that works in general — they need it for a specific purpose.
For example, buying a car is one thing. Buying a car that must tow a heavy trailer every day is another. In such cases, the law recognises that the buyer places trust in the seller’s skill or judgment. And if the seller supplies goods that turn out to be unfit for that declared purpose, the buyer has the right to complain, even if the goods might otherwise be “satisfactory” in a general sense.
This is exactly where Section 14(3) comes in: the implied term as to fitness for a particular purpose.
What does Section 14(3) say?
The rule can be broken down into four key elements:
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The buyer makes known the particular purpose for which the goods are required.
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The buyer relies on the seller’s skill or judgment.
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The goods supplied must be reasonably fit for that purpose.
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The rule applies whether or not the goods are commonly supplied for that purpose.
The role of “making known”
A central part of Section 14(3) is that the buyer must somehow communicate their intended use.
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If the buyer says nothing, the seller cannot be expected to guess.
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If the purpose is obvious, the buyer does not need to spell it out. For example, when you buy a ladder, the seller knows you intend to climb it — they don’t need you to explain.
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But if the purpose is special or unusual, it must be declared. For example, if you need a ladder suitable for use on a boat deck, you must tell the seller.
This requirement balances fairness: the seller is not responsible for secret or undisclosed expectations, but once the purpose is made known, they are bound.
Reliance on the seller’s skill or judgment
Another key phrase in Section 14(3) is reliance.
The law asks: Did the buyer rely on the seller’s expertise?
For example:
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Buying hiking boots from a professional outdoor shop: you rely on their knowledge, even without asking specific questions.
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Buying hiking boots from a random online marketplace, choosing them yourself without advice: reliance is less clear, because you are not seeking the seller’s judgment.
The test is practical: would an ordinary buyer in those circumstances naturally trust the seller’s recommendation?
Example
Imagine a customer buys a drone from a specialised store.
The customer says: “I need a drone that can record stable 4K videos in windy coastal areas, because I am using it for professional filming.”
The seller recommends a specific model, assuring that it is suitable.
The customer buys it. But when they use it on the coast, the drone struggles, the footage is shaky, and the drone even crashes in moderate wind.
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Was the drone of satisfactory quality under Section 14(2)? Possibly yes: it worked in normal calm conditions.
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Was it fit for the particular purpose under Section 14(3)? No: because the buyer clearly stated the need, relied on the seller’s skill, and the drone failed to deliver.
This shows how Section 14(3) provides extra protection beyond general quality.
Ordinary purpose vs. particular purpose
It is important to see the difference:
For example:
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A waterproof jacket: satisfactory quality means it keeps you dry in normal rain.
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But if you told the seller you need it for Arctic expeditions, and it fails in extreme cold, then Section 14(3) applies.
Limits of the rule
The law also sets boundaries to avoid abuse:
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No liability if the buyer does not rely on the seller.
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No liability if reliance is unreasonable.
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No liability if the buyer uses goods in a way that was not communicated.
Why Section 14(3) matters today
the global market is full of specialised products:
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smart devices with advanced features,
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sports equipment designed for specific conditions,
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tools, software, and hardware for professional use.
With such complexity, buyers cannot always judge whether an item is suitable. They rely on the seller’s advice, descriptions, and expertise.
Section 14(3) ensures that sellers take responsibility for guiding consumers honestly. It prevents situations where businesses recommend products just to make a sale, without caring if they truly fit the customer’s needs.
Summary
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Section 14(2): goods must be of satisfactory quality in general.
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Section 14(3): goods must also be fit for any particular purpose the buyer makes known, provided they rely on the seller’s skill or judgment.
Together, these rules shift the risk from the buyer to the seller. Instead of “buyer beware,” the law now insists:
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If you sell, you must make sure the goods not only match their description, and not only are of decent quality, but also are suitable for the purpose your customer trusted you with.
In today’s market, this principle is vital. It strengthens consumer confidence and forces sellers to take their role seriously — not just as vendors, but as advisors who guide people toward the right product for their real needs.
What is the main purpose of Section 14(3) of the Sale of Goods Act?
To ensure goods are fit for the buyer’s particular declared purpose, if they rely on the seller’s skill or judgment.
To guarantee goods are always of perfect quality.
To allow sellers to exclude responsibility for special uses.
Which of the following conditions must be met for Section 14(3) to apply?
The buyer makes the purpose known and relies on the seller’s skill or judgment.
The buyer keeps the purpose secret from the seller.
The seller only provides goods commonly used for that purpose.
If a buyer tells a drone shop they need a model for filming in windy coastal areas, but it fails there, what happens?
The goods breach Section 14(3) because they are not fit for the declared particular purpose.
The goods comply since they work in normal calm conditions.
The seller is never responsible if the buyer specifies unusual conditions.
Which situation would NOT be protected by Section 14(3)?
Buyer explains they need boots for mountain climbing, and they fail during climbing.
Buyer relies on outdoor shop expertise when buying a tent.
Buyer secretly wanted a car for off-road racing but never told the seller.
What is the key difference between Section 14(2) and Section 14(3)?
14(2) is about satisfactory quality in general; 14(3) is about fitness for the buyer’s particular purpose.
14(2) protects only sellers; 14(3) protects only buyers.
14(2) is optional; 14(3) is mandatory only in online contracts.
