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A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", [6] and therefore only entitles the innocent party to damages if it is breached, [6] i.e. if the warranty is not true or the defaulting party does not perform the contract in ...
A personal guarantee, by contrast, is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs.
Condition or Warranty. [2] Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract. A warranty is not so imperative so the contract will subsist after a breach. Breach of either will give rise to damages.
A warranty is a guarantee or promise that specific facts or conditions are true or will happen. Warranty may also refer to: Collateral warranty, gives a third party rights in an existing contract; Extended warranty, a goods/service maintenance agreement; Home warranty, home appliance service maintenance agreement
A guarantee is a type of legal contract, stronger than a warranty or "security". Guarantee may also refer to: Guarantee (international law), a promise by one state to protect the international obligations of another from third-party interference; Guarantee (filmmaking), a promise of remuneration if a contracted person is released from a contract
Navigating the difference between a home warranty and home insurance can be intricate. A home warranty, distinct from homeowners insurance, focuses primarily on the wear and tear of appliances and ...
Traditionally, an English law guarantee is a secondary, conditional obligation: It is a promise to pay (or perform) the obligations of a distinct obligor should the obligor itself fail to perform. Therefore: The beneficiary of the guarantee must first prove the obligor's default before the guarantor becomes liable to pay.
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