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Search results for: “express warranty”

  • Warranty

    In marine insurance contracts, either an exemption from or limitation to the policy, or a promissory warranty whereby the insured agrees to do, or not to do, some particular act. Failure to adhere strictly to a promissory warranty may invalidate a contract of insurance, whether or not the […]

  • Dictionary of Essential Legal Terms

    The Dictionary of Essential Legal Terms Details of The Dictionary of Essential Legal Terms Author: Amy Hackney Blackwell Date of publishing: 2008 Publisher: Sphinx Publishing, An imprint of Sourcebooks, Inc, Naperville, Illinois 60567-4410, United States Contents of The Dictionary of Essential Legal Terms Abandon Abatable Nuisance Abate Abatement of a Legacy Abatement of Taxes Abdicate…

  • MCC-Marble Ceramic Center v. Ceramica Nuova d'Agostino

    MCC-Marble Ceramic Center v. Ceramica Nuova d’Agostino 1998 11th Circuit Court of Appeals • Contract was done in Italian, American buyer did not speak Italian. • Buyer, plaintiff, is suing under breach of warranty, probably breach of express warranty, breach of failure to deliver. • Seller relies on clause on back of standard forms, requiring…

  • Northrop Corp. v. Litronic Industries

    Northrop Corp. v. Litronic Industries 1994 7th Circuit • Litronic offered to sell printed wire boards to Northrop. • Litronic’s form constitutes the offer (rather than the buyer’s purchase order which is usually considered to be offer). • Issue of whether additional means additional or different in UCC. • Significant difference between 90 day warranty…

  • Sullivan v. O'Connor

    Sullivan v. O’Connor • Sullivan sued plastic surgeon after nose fix made it worse. Claims both malpractice and breach of contract. • Doctor made express warranty that nose would be better after surgery; this warranty was violated. • Under malpractice claim, need to prove negligence; but under contract claim, need only to prove breach of…

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Covenant

    Introduction to Covenant Covenant menas, in law, a promise, usually under seal, that a certain act shall be performed or shall not be performed, or a solemn declaration under seal that certain facts are true. Covenants are used most often in deeds. An express covenant is an express declaration […]

  • Covenant

    Introduction to Covenant Covenant menas, in law, a promise, usually under seal, that a certain act shall be performed or shall not be performed, or a solemn declaration under seal that certain facts are true. Covenants are used most often in deeds. An express covenant is an express declaration […]

  • Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

    Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims Full Title A Dictionary of Law, Consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence Details Author: William C. Anderson (United…

  • Convention on the Law Applicable to Products Liability

    Convention on the Law Applicable to Products Liability The Final Act of the Convention was signed on the 21st of October 1972 (Actes et Documents, Douzième session (1972) Tome I). Analyisis of the Convention on Law Applicable to Products Liability History of the Convention The law governing products liability was first suggested as a possible…

  • BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA

    BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA HOUSE OF LORDS [1981] 2 All ER 513, [1981] 1 WLR 711, [1981] 2 Lloyd’s Rep 1 HEARING-DATES: 23, 24, 25, 26 February, 7 May 1981 7 May 1981 Overview By a contract made on January 30, 1974, the buyers agreed to buy from the sellers…

  • BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA

    BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA HOUSE OF LORDS [1981] 2 All ER 513, [1981] 1 WLR 711, [1981] 2 Lloyd’s Rep 1 HEARING-DATES: 23, 24, 25, 26 February, 7 May 1981 7 May 1981 Overview By a contract made on January 30, 1974, the buyers agreed to buy from the sellers…

  • Caveat Emptor

    Caveat Emptor (Latin, "let the buyer beware"), principle applied in early common law that the buyer of defective goods could not hold the seller legally responsible. The theory of the early common law was based on the assumption that the buyer was able to examine the goods for any […]

  • Caveat Emptor

    Caveat Emptor (Latin, "let the buyer beware"), principle applied in early common law that the buyer of defective goods could not hold the seller legally responsible. The theory of the early common law was based on the assumption that the buyer was able to examine the goods for any […]