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Contract law
Formation
Capacity
Offer and acceptance
Meeting of the minds2
Abstraction principle4,5
Posting rule1
Mirror image rule
Invitation to treat
Firm offer
Consideration1,4
Implication-in-fact
Collateral contract
Defences
Misrepresentation
Mistake
Threats and unequal bargaining power
Illegality and public policy
Unconscionability
Culpa in contrahendo2
Force majeure
Frustration of purpose
Impossibility
Impracticability
Hardship
Set-off
Illusory promise1
Statute of frauds1
Non est factum1
Unclean hands1
Accord and satisfaction1
Exculpatory clause
Interpretation
Parol evidence3
Contract of adhesion
Integration clause
Contra proferentem
UNIDROIT Principles
Dispute resolution
Choice of law clause
Forum selection clause
Hague Choice of Court Convention
Arbitration
New York Convention
UNCITRAL Model Law
Mediation
Singapore Mediation Convention
Enforcement of foreign judgments
Hague Judgments Convention
Rights of third parties
Privity of contract1
Assignment
Delegation
Novation
Third-party beneficiary
Breach of contract
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Remedies
Specific performance3
Money damages
Liquidated, stipulated, or penal damages3
Rescission
Quasi-contractual obligations
Promissory estoppel1
Quantum meruit1
Unjust enrichment
Restitution
Negotiorum gestio2
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B in Canadian contract law6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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In common law jurisdictions, an implied warranty is a contract law 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 regardless 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 merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home.
The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusetts consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers.
The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.
Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). Theoretically, this saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller can be found and makes restitution.
In common law jurisdictions, an impliedwarranty is a contract law term for certain assurances that are presumed to be made in the sale of products or...
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it...
state. There are two types of warranties for product purchases, express warranties and impliedwarranties. Express warranties make specific promises about...
some impliedwarranties for an item being sold. Certain types of impliedwarranties must be specifically disclaimed, such as the impliedwarranty of title...
A hire purchase (HP), also known as an installment plan, is an arrangement whereby a customer agrees to a contract to acquire an asset by paying an initial...
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIEDWARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR...
abode to the impliedwarranty of habitability.[circular definition] A residence that complies is said to be habitable. It is an impliedwarranty or contract...
find impliedwarranties implicit in the nature of certain contracts; by the end of the 19th century, enough U.S. states had adopted an impliedwarranty of...
"merchantable quality", per Section 15 of the Sale of Goods Act but this impliedwarranty can be difficult to enforce and may not apply to all products. Hence...
Court held that a plaintiff cannot recover from a defendant based on impliedwarranty when she does not have contractual privity with him; thus, a plaintiff...
the impliedwarranty of authority. Express actual authority means an agent has been expressly told they may act on behalf of a principal. Implied actual...
use breach of impliedwarranty of habitability as a defense when the landlord attempts to collect rent). The lease also includes an implied covenant of...
buyer/bailee is entitled to 10% of the gross proceeds. Impliedwarranty of fitness—Impliedwarranty of fitness arises when the seller knows the buyer is...
of products, an impliedwarranty of merchantability and fitness for a particular purpose, and in the case of homes an impliedwarranty of habitability...
the Deloitte Network expressly disclaims all impliedwarranties, including without limitation warranties of merchantability, title, fitness for a particular...
station code) 'With all faults', a phrase used as a disclaimer of any impliedwarranty of merchantability (often appears in descriptions of second-hand books...
control, or rent regulation, and related eviction. There is also an impliedwarranty of habitability, whereby a landlord must maintain safe, decent and...
fide purchasers can be remedied: If the jurisdiction recognises an impliedwarranty that the seller has title to the property (such as under Article 2...
holders> This software is provided 'as-is', without any express or impliedwarranty. In no event will the authors be held liable for any damages arising...
ILSFDA Immobility – immovable real estate Immovable property Implied contract Impliedwarranty Improved land Improvements – Home improvement or Land improvement...
in the hope that it will be useful, but * WITHOUT ANY WARRANTY; without even the impliedwarranty of * MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE...
mylawdictionary.org definition explains concept of attachment to law as "Impliedwarranty that an act, agreement, or contract strictly adheres to the statutes...