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A consumer may pursue relief under both a state lemon law and the Magnuson-Moss Warranty Act. [10] The existence, scope and consequence of express and implied warranties can vary under state law, and warranties for the sale of goods will often be addressed by Article II of the Uniform Commercial Code. The Magnuson-Moss Warranty Act will not ...
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing.
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.
Breach of an express warranty, Breach of an implied warranty of merchantability, and; Breach of an implied warranty of fitness for a particular purpose. Express warranty claims focus on express statements by the manufacturer or the seller concerning the product (e.g., "This chainsaw is useful to cut turkeys").
Seaworthiness is a concept that runs through maritime law in at least four contractual relationships. In a marine insurance voyage policy, the assured warrants that the vessel is seaworthy. A carrier of goods by sea owes a duty to a shipper of cargo that the vessel is seaworthy at the start of the voyage. A shipowner warrants to a charterer ...
Contract law. Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law.
It is there shown that actual authority may be express or implied. It is express when it is given by express words, such as when a board of directors pass a resolution which authorises two of their number to sign cheques. It is implied when it is inferred from the conduct of the parties and the circumstances of the case, such as when the board ...
United States v. Spearin, 248 U.S. 132 (1918), also referred to as the Spearin doctrine, is a 1918 United States Supreme Courtdecision. It remains one of the landmark construction law cases.[1] The owner impliedly warrantsthe information, plans and specifications which an owner provides to a general contractor.