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Is the implied warranty for a particular purpose only for a sales contract?
Wiki User
∙ 14y ago
There's an implied warranty of "fitness for a particular purpose" under most states' versions of Article 2 of the Uniform Commercial Code, which deals with "sales". A "warranty for a particular purpose" is presumed to be synonymous with the UCC's implied warranty of fitness. Implied warranties under Article 2 of the UCC apply only to sales of goods, however, and goods are generally defined or construed to mean something tangible that isn't incorporated into real estate. In mixed cases where a sale of goods is combined with a sale of services, courts must determine which is primary and which is merely incidental. I.e., if the sale of goods is determined to be merely incidental to the sale of services, Article 2 might not apply if the goods don't work in the manner the buyer had hoped.
Most if not all states also recognize various "implied warranties" under their common law. Two commonly recognized implied warranties apply to "habitability" of residential property, and "reasonable workmanship" of any construction.
In addition, at least in Pennsylvania where I practice, the courts have recognized implied warranties of fitness for particular purposes in non-sales situations, and utilize the UCC's implied warranties as guides.
Wiki User
∙ 14y ago
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What is the best description of implied warranty?
In contract law it is a 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 irrespective of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantabilityfor products, implied warranty of workmanlike quality for services, and an implied warranty of habitabilityfor a home. In an auto sale an implied warranty is that the car will perform as a car should. In other words it will get you from point A to point B. It will do what a car is suppose to do.
What is the difference between a breach of warranty and a breach of a condition?
A warranty is less important than a condition and does not impact on the main purpose of the contract. A breach of a warranty entitles the injured party to claim for damages ONLY. They may not repudiate the contract. A condition is a major term that goes to the root of the contract. Such term is essentials to the main purpose of the contract and therefore the injured party is entitled to repudiate the contract as well as make a claim for damages.
Which type of warranty is not written on the label of a product?
An Implied Warranty. It is a promise, arising by operation of law, (consumer protection laws) that something that is sold will be merchantable and fit for the purpose for which it is sold. In other words, if you buy a waterproof watch, it can be presumed that it will be waterproof.
What is an implied warranty?
Implied WarrantyState laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties � unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. Furthermore, private sellers are usually not covered by the implied warranties of state law. There is no specified time period for implied warranties. The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer's advice that it is suitable for a particular use. For example, a dealer who suggests you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose. If you have a written warranty that doesn't cover your problems, you still may have coverage through implied warranties. That's because when a dealer sells a vehicle with a written warranty or service contract, implied warranties are included automatically. The dealer can't delete this protection. Any limit on an implied warranty's time must be included on the written warranty. In states that don't allow "as is" sales, an "Implied Warranties Only" disclosure is printed on the Buyers Guide in place of the "As Is" disclosure. The box beside this disclosure will be checked if the dealer decides to sell the car with no written warranty. In states that do allow "as is" sales, the "Implied Warranties Only" disclosure should appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty. A copy of the Buyers Guide with the "Implied Warranties Only" disclosure is available here. Here are more opinions and answers from other Wiki s Contributors:The dealer advertised the vehichle had a " CD " player it does not work! The vehicle had a problem with the clutch that almost caused me to wreck that he had said to have fixed! I questioned him on the smell of a burning clutch he said it was the radiator paint from which it was just sprayed after being repaired, it turned out it was the clutch burning and it caused the transmission to go out do to the clutch failure! These were all things that were a word of mouth promise to be of working condition!
If you discovered that the air conditioner was not working after you bought a used car from a dealer is it covered by the implied warranty?
Implied warrantee means that the product is suitable for it's intended purpose. For a car, that means it should get you from here to there, but a car is not made to keep you cool, so the implied warrantee would not cover the AC.
Implied warranty of fitness for human consumption?
This is the seller's implicit guarantee that the goods in the sale transaction are fit for human consumption. So basically it is saying that if you buy something for the specified purpose, the good is suppose to deliver what it says. If You buy a hamburger and there is a big bone, then that's a breach of implied warranty and you are due compensation, because a consumer does not expect bones to be in this product. The only way a merchant can get out of this obligation is to state on his stock that things are sold 'as is' or he will have to disclaim in writing specifically saying that there is no implied warranty.
What is the difference between explicit and implied terms?
An Implied Condition is a condition that does not appear on the contract but are Implied. e.g Implied conditions imply that both the insured and insurer have good faith in the making of a contract, that the insured has insurable intrest in the subject matter of insurance, that subject matter of insurance is in place at the time the policy is affected.Express Conditions are those which are expressed or set forth in the policy.
What is the purpose of contract review?
The purpose of contract review is to ensure that all parts of the document are logically sound. This can include implied agreements, along with the actual agreement. All related information must make sense as well, while facilitating the needs of all parties involved.
What is the purpose of the implied power?
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Can someone legally bind someone else by a contract?
Yes. That is the purpose of a contract although you haven't included the details.Yes. That is the purpose of a contract although you haven't included the details.Yes. That is the purpose of a contract although you haven't included the details.Yes. That is the purpose of a contract although you haven't included the details.
Explain the purpose of a contract with reference to a policy - short term insurance?
What is the purpose of a contract?
What is the legal definition of Spirit of the agreement?
The spirit of an agreement goes beyond its explicit terms, to include the implied terms and a consideration of the purpose of the agreement. In short, when someone argues that the 'spirit of the contract' has been breached, they are grasping at straws.
