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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.
In the United States, various laws apply, including provisions in the Uniform Commercial Code which provide for implied warranties. [8] However, these implied warranties were often limited by disclaimers. In 1975 the Magnuson–Moss Warranty Act was passed to strengthen warranties on consumer goods. [9] Among other things, under the law implied ...
Statute may also declare a term or nature of term to be a condition or warranty; for example the Sale of Goods Act 1979 s15A [5] provides that terms as to title, description, quality and sample (as described in the Act) are conditions save in certain defined circumstances.
An "implied warranty" is defined in state law. The Magnuson–Moss Act simply provides limitations on disclaimers and provides a remedy for their violation. Designations: A "full warranty" is one that meets the federal minimum standards for a warranty. Such warranties must be "conspicuously designated" as full warranties. If each of the ...
A warranty [4] is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to damages. It is an objective matter of fact whether a term goes to the root of a contract.
Terms implied "in law" are confined to particular categories of contract, particularly employment contracts or contracts between landlords and tenants, as necessary incidents of the relationship. For instance, in every employment contract , there is an implied term of mutual trust and confidence , supporting the notion that workplace relations ...
Implied easements are created without a contract and require necessity and prior use, as in the example of the driveway above. Express easements are formed through a legal contract and are put ...
Held, that the clause only applied to a warranty, and the description was actually a condition of the contract. Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd [1934] 1 KB 17; In a contract for ‘new Singer cars’ the clause was ‘all conditions, warranties and liabilities implied by statute, common law or otherwise are excluded.’