Industry standards, statutory regulations and their implications for fitness for purpose

The standard of fitness for purpose may be measured against any relevant regulations or by-laws, and a failure to meet them will generally be regarded as a breach of such warranty.

Industry standards, such as Australian Standards, are not quite so determinative. A breach of an industry standard does not, in and of itself, constitute a breach of an implied fitness for purpose term. A court will look to the intended purpose of any obligations between the parties when determining the existence of an implied fitness for purpose warranty.