Table of Contents
Introduction 1
Types of Implied Warranties 2
Overview 2
Statutory Warranties (Disclaimable) 3
Common Law Warranties (Non-Disclaimable) 3
Case Study 4
Conclusion 5
Works Cited 6
Introduction
This research paper will explore the construction claim entitlement type of an implied warranty. In general, contracts can often be classified according to the method by which they are created or developed. Under this classification scheme, there are two distinct contracts types referred to as express contracts and implied contracts (also known as ‘in-fact’ contracts). In express contracts, the parties manifest their assent or approval by oral or written words. In implied contracts, agreement is manifested by acts rather than by words (Sweet, 2009). An implied warranty is a specific kind of implied contract in construction law. According to the Cornell School of Law, “an implied warranty is a contract law term for certain assurances, presumed to be made, in the contract due to the circumstances of the deal” (LII, 2014). In construction disputes, assurances relating to construction plans, designs, and or specifications are the most common. Implied warranties were first recognized in the English courts of Great Britain during the early eighteen hundreds, but date back to ancient Roman and Germanic law. In the United States, implied warranties were slower to be accepted, with much more emphasis being placed by the courts on enforcing express warranties. For most of the nineteenth century in the United States, the notion of caveat emptor, otherwise known as ‘buyer-beware’, was generally widely accepted (Petitt, 2011). This notion was one-sided in favor of the seller at the expense of the buyer. A number of chang...
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Works Cited
Brumback, M. D. (2010, 06 17). Implied Warranties on Construction Projects. NC, USA: Construction Law in North Carolina.
LII. (2014). law.cornell.edu. Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/implied_warranty_of_fitness
Parisi, M. (2012, 11 9). Pennsylvania Superior Court Declares That Second Buyers of Homes Have Same Implied Warranty Rights as Original Buyers in Claims for Construction Defects. (W. a. Alert, Ed.) Legal Insights .
Petitt, R. T. (2011, July 9). Implied Warranties in Construction. Tampa, FL, USA: BBWG.
Sweet, J. (2009). Legal Aspects of Architecture, Engineering and the Construction Process. Stamford , CT, USA: Cengage Learning.
The Legal Intelligencer. (2012, 11 13). Conway v. The Cutler Group, Inc., PICS Case No. 12-2102 (Pa. Super. Nov. 5, 2012) Mundy, J. (16 pages). .
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
Larketta Randolph financed a mobile home through Green Tree Financial. Her home retail installment contract and security agreement required that Randolph buy vendor’s single interest insurance, which protects the vendor from the costs of repossession if any default were to occur. The agreement also provided that if any disputes were to arise either under statutory law or case law that it would be resolved by binding arbitration.
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
In all but name, building codes have been present in the construction industry for thousands of years. They can be found as far back as 1700BC, when King Hammurabi declared that the builder was responsible for and structural failure that occurred (Remmer & Norton, 1981). In a somewhat biblical fashion, the builder received ‘An eye for an eye’ punishment. Codes of practice have vastly evolved, however are still an essential component of the industry.
Currently, XYZ Construction Inc. receives a majority of their contracts from the state government. The purpose of this essay is to analyze and discuss ethical and social issues, along with cultural diversity when expanding
In the Supreme Court of Florida case no. sc05-1294 Broward marine, Inc., Broward marine east, Inc. and Dennis Delong v. Palm Beach Polo Holdings, Inc., Broward Yachts, Inc. and Double Eagle Yachts, Inc., they cited Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) in saying that the plaintiff’s case was on the breach of the implied contractual duty to disclose defects in residential property which was mandated in Johnson v. Davis.
Twomey, D. P., & Jennings, M. M. (2013). Transfers of Negotiable Instruments and Warranties of Parties. In Business Law: Principles for Today's Commercial Environment: Southern New Hampshire University (4th ed., pp. 556-577). Mason, OH: Cengage Learning.
A legal discussion of the contractual breaches and their related legal elements will be examined in this section. Some of the legal issues surrounding the contractual breaches include, the legal implications of the Uniform Commercial Code (U.C.C.), the defendant’s engagement in and outputs contract while under a requirements contract with my company, the doctrine of estoppel, and the issues of good faith and fair dealing. The definitions and some of the legal implications of the implied and requirements contracts were discussed in the preceding sections. An implied contract is defined as a “contract that is established by the conduct of a party rather than by the party’s written or spoken words” (Kubasek, Brennan, & Browne, 2015,
Twomey, D. P., Jennings, M., & Anderson, R. A. (2011) Anderson’s business law and the legal
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
Like in our book The Legal Environment of Business stated, “any person, who is injured by a product may bring a negligence suit even though he or she was not the one who actually purchased the product”. Therefore, no, priority of contract would not be required for Kolchek to succeed in a product liability action against Great Lakes because the buyer does not need to have to directly involved with the manufacture, as long as the product was made from the manufacture itself.
Reese, C.D. and Eidson, J.V. (1999). Handbook of OSHA construction safety and health. Boca Raton, FL. CRC Press
Luegenbiehl, H.C. (1991) ‘Codes of ethics and the moral education of engineers’, D.G. Johnson, Ed. Englewood Cliffs, p. 137.
Tort is a branch of private law that deals with civil wrong committed against an individual, including legal entities such as companies rather than the state. Tort law can be described as a body of obligations and remedies applied by courts in any civil proceeding to offer relieve to an individual who has just suffered emotional or physical harm as a result of the wrongful acts of others. In this case, the individual who suffers a personal injury is known as the plaintiff, while the person responsible for the infliction of the injury is referred to as tortfeasor or respondent. In essence, this law has many goals, one being that of assisting the injured to recover through either monetary compensation or even mental compensation in order to promote civility, discourage private retaliation and deter future wrongful actions.