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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 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 warranty [ edit ] Related to the Spearin doctrine is the "implied warranty of adequacy", that the government is responsible to provide accurate plans and specifications to its contractors rather than the presumption of superior knowledge .
Habitability is the conformance of a residence or abode to the implied warranty of habitability. [circular definition] A residence that complies is said to be habitable.It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract.
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.
However, you acknowledge that the Service may not be successful at all times because the problem may be beyond our ability to resolve it remotely or there may be compatibility issues with your Device. WE MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE PROVIDE THE SERVICE “AS IS” AND YOU ASSUME ALL RISKS WITH THE SERVICE.
we, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringment. your only remedy for any defective software is replacement of the software.
Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.