Reading Suitability Against Fitness for Purpose-The Evolution of a Rule
Gail Pearson
Citation: [2010] Sing JLS 129
For some time, and more urgently since the global financial crisis, there has been an interest in suitability as a method for protecting consumers. In broad terms, suitability means that consumers should receive the thing which best suits or fits their requirements or purposes. In the context of making loans to consumers, this means that consumer credit products should be suitable to the circumstances and requirements of the borrower. Suppliers in the market for goods have long been required to provide goods that are fit for the purpose of the buyer. Nevertheless, the idea that credit providers must supply loans that are not unsuitable is seen as startlingly new. This article examines the long and international history of the statutory obligation of fitness for purpose. It argues that this history shows that the objectives of the implied term are not dissimilar to the objectives for responsible lending and now, the imposition of a suitability requirement. In this way, the article explores a convergence between what is required of product providers in the market for goods and services and those in the market for financial services, with a particular examination of the Australian model in the National Consumer Credit Protection Act 2009 (Cth).