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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.
A warranty of habitability, measured by the standards set out in the DC Housing Regulations, was implied by law into leases of urban dwelling units, and breach of the warranty gave rise to a breach of contract claim. Court membership; Judges sitting: Circuit Judges James Skelly Wright, Carl E. McGowan, Roger Robb: Case opinions; Majority: James ...
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. [3]
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 ...
Before statutory law, the buyer had no express warranty ensuring the quality of goods. In the UK, common law requires that goods must be "fit for the particular purpose" and of "merchantable quality", per Section 15 of the Sale of Goods Act but this implied warranty can be difficult to enforce and may not apply to all products. Hence, buyers ...
It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations.
First National Realty Corp. (1970), Wright developed the theory of implied warranty of habitability in the field of lease law. [7] In Edwards v. Habib (1969) and Robinson v. Diamond Housing Corp. (1972), Wright developed the retaliatory eviction doctrine, prohibiting landlords from evicting tenants who raised housing code violations to authorities.
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