Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fitness for purpose definition

What does Fitness for purpose mean? Fitness for purpose describes, in practice, the requirement that supplied goods will achieve the particular result the buyer has told the supplier they are needed for. In England & Wales, Scotland and Northern Ireland, an implied term to this effect arises for supplies made in the course of business under section 14(3) of the Sale of Goods Act 1979, and for non-sale transfers and hire under the supply of goods and Services Act 1982. It applies where the buyer’s particular purpose is made known (expressly or by implication) and it is reasonable for the buyer to rely, and does...

Fitness for Purpose in UK Construction Contracts: origins, who is bound, how measured, JCT and NEC treatment, drafting to avoid or exclude, and professional indemnity insurance implications

Published by a LexisNexis Construction expert

Practice notes

Disputes frequently arise on construction projects over the level of care a contractor or consultant must exercise in relation to design. Typically, the contractor or consultant will seek to avoid taking on a 'fitness for purpose' duty for the design, whether stated expressly or arising by implication.

This Practice Note considers what the so‑called 'fitness for purpose' obligation involves, who is bound by it and who is not, where it originates, and why contractors and consultants prefer not to accept it. It also sets out example clauses and evaluates whether a contractor should agree to them. The precise volume of design carried out under a contract or appointment can fluctuate, yet the standard applied to that design remains consistent across the board.

Where does the fitness for purpose obligation come from?

The fitness for purpose obligation stems from legislation on product liability and the standards to be achieved when goods, materials and/or services are supplied...

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Web page updated on 21/05/2026

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