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An implied warranty of habitability, generally, is a warranty implied by law (in some states) that by leasing or buying a residential property, the lessor or seller is promising that the property is suitable to be lived in. [10] The doctrine is intended as a protection for tenants in a less advantageous bargaining position than the landlord.
Implied warranty [ edit ] Related to the Spearin doctrine is the "implied warranty of adequacy", that the government is responsible to provide accurate plans and specifications to its contractors rather than the presumption of superior knowledge .
The Magnuson–Moss Warranty Act (P.L. 93-637) is a United States federal law ( 15 U.S.C. § 2301 et seq. ). Enacted in 1975, the federal statute governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold "as is"), but if it does have a warranty, the warranty must comply with this law.
Implied warranty of merchantability: every sale of goods fit for ordinary purposes. Express warranties: arise from any statement of fact of promise. UCC damages for repudiating/breaching seller—Difference between 1) the market price when the buyer learned of breach and the 2) contract price 3) plus incidental damages.
Warranty. In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. [ 1] In property law, it refers to a covenant by the grantor of a deed. [ 2] In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured.
The lawsuits contend Hereford House was negligent and breached an implied warranty that its food would be safe. The lawsuits also make a strict liability claim, alleging that the contaminated food ...
As is. " As is " is a phrase used to indicate the existing condition of something without any modifications or improvements. [1] The term is employed in legal, business, and consumer settings to establish that an item or property is being sold or provided in its current condition, [2] [3] with no warranties or guarantees regarding its quality.
Facts. On May 7, 1955, Mr. Claus H. Henningsen purchased a Plymouth automobile, manufactured by Chrysler Corporation, from Bloomfield Motors, Inc. The automobile was intended as a Mother's Day gift to his wife, Helen, and the purchase was executed solely by Mr. Henningsen. The contract for sale was a one-page form and contained paragraphs in ...