Bayliner Marine Corp. v. Crow
Supreme Court of Virginia
509 S.E.2d 499 (1999)
Crow (plaintiff) bought a Bayliner (defendant) boat for offshore fishing after a sales representative gave him promotional materials describing that model's maximum speed as 30 miles per hour under certain specified conditions and equipment, and describing the model as well suited for offshore fishing. Crow discussed the boat's speed with the sales representative in the context of offshore fishing but never told him he specifically required a boat capable of 30 miles per hour. The boat Crow actually purchased had different specifications from the promotional materials' example, including a smaller propeller and higher gear weight, and topped out at only 23 to 25 miles per hour; Crow nonetheless used it for offshore fishing, logging 850 hours of engine use, before suing for breach of express warranty and implied warranties of merchantability and fitness for a particular purpose. The trial court found for Crow, and Bayliner appealed.
Whether a seller's statement of opinion about a product's potential performance creates an express warranty that the product will conform to that description, and whether an implied warranty of fitness for a particular purpose is created if the buyer does not make known to the seller the particular purpose for which the product is required.