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What is a warranty in a contract?
A warranty in contract law is a promise or guarantee from one party to another that the facts are true and reliable. In the case that those facts ever become untrue, the warranty is also a protection to the recipient to cover any losses that may arise.
What is a warranty term in a contract?
In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term “not going to the root of the contract”, and (2) which only entitles the innocent party to damages if it is breached: i.e. the warranty is not true or the defaulting party does not perform the
What is a warranty in contract law?
A warranty in contract law is a promise or guarantee from one party to another that the facts are true and reliable. In the case that those facts ever become untrue, the warranty is also a protection to the recipient to cover any losses that may arise.
What is a term in law of contract?
A contractual term is “any provision forming part of a contract”. Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
Is a warranty a term?
A warranty is a contractual term, which is secondary to the main purpose of a contract. For example, in a contract for the sale of goods a warranty may be given about the condition, age and history of the goods being sold.
What are conditions and warranties in a contract?
Terms of contract conditions and warranties are used to designate the responsibilities of the parties involved in the agreement. They are set out in a contract in order to determine remedies in a case of a breach of obligations on the part of either party.
What are conditions in a contract?
Contract Conditions This means that each of the parties is obligated, or required, to perform a duty under the contract. The contract conditions determine the parties' obligations. A condition is an act or event that affects a party's contractual duty. It is a qualification that is placed on an obligation.
What are the conditions and warranties?
A condition is a stipulation which is essential to the main purpose of the contract. A warranty is a stipulation which is collateral to the main purpose of the contract. 2. For the breach of condition, the affected party can abandon the contract of sale.
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