If the product is defective at purchase, or becomes defective during the period of the implied warranty
, both the seller and the manufacturer are responsible for making it right,'' is the interpretation offered by the Attorney General's office.
The court also found that "the wine racking system provided was ultimately not fit for the particular purpose contacted for," and concluded that Savante also breached the implied warranty
of fitness, awarding Solondz damages in the amount $11,270 plus costs and interests.
Allen LeFaivre brought a class action suit against KV Pharmaceutical Company (KV), claiming breach of implied warranty
and violation of the Missouri Merchantability Practices Act when the company failed to manufacture its medication in compliance with federal regulations.
The legislature in addressing the issue of implied warranty
of habitability may decide that a disclaimer should not release the builder who has sold a defective structure.
An implied warranty
arises by operation of law and exists regardless of any intention of the vendor to create it; such warranty springs from the vendor's breach of some duty which amounts to taking advantage of the purchaser by reason of some superior knowledge in the vendor or the reliance by the purchaser on the vendor's representation or judgment.
Finally, every construction contract carries with it an implied warranty
that the owner will not unreasonably hinder or delay construction.
14) The implied warranty
of merchantability imposes a baseline standard--it promises that the goods are: (1) fit for the ordinary purpose for which they are used; and (2) can be used with reasonable safety, efficiency, and comfort.
The language of the contract or agreement for sale of the new home must conspicuously mention the housing merchant implied warranty
and provide that the limited warranty excludes or modifies the implied warranty
The underwriters would undoubtedly view such outfitting expenses as an integral part of the insured's implied warranty
of seaworthiness or, put another way, a prudent risk-management activity that insureds are obligated to undertake.
Here, the concern is with the implied warranty
The court dismissed the lawsuit finding that plaintiffs' medical monitoring and implied warranty
claims were legally invalid.
The implied warranty
of habitability is imposed by courts ostensibly to protect unsophisticated purchasers from latent defects created by careless or cunning builders.
These special implied warranties are twofold: the implied warranty
of merchantability, and the implied warranty
of fitness for a particular purpose.
Lawyer sues Giant for, among other counts, breach of implied warranty
and breach of an express four-year warranty issued by Giant on the vehicle.
In the lawsuit, the woman alleges that the landlord negligently allowed Toole to enter the building, Mid City negligently performed its security contract and the landlord "breached the implied warranty
of habitability by failing to properly staff the security desk or secure the complex," according to court documents.