DACA Trust's motion for summary judgment is allowed in part with respect to Count I claims of breach of express warranty
and breach of implied warranty of fitness for a particular purpose, but is otherwise denied.
(c) Any sample or model which is made part of the basis of the bargain creates an express warranty
that the whole of the goods shall conform to the sample or model.
Closer perusal of those sections shows that they are for the most part negative, in that there are no implied warranties of: neutrality (MIA 1909, s 42(1)) other than a long-obsolete warranty as to carrying papers of neutrality where there is an express neutrality warranty (MIA 1909, s 42(2)); nationality (MIA 1909, s 43); good safety, unless (as no longer occurs) there is an express warranty
(MIA 1909, s 44); or cargo-worthiness (MIA 1909, s 46).
(145) Secondly, the guarantee that goods be 'fit for a purpose' disclosed by a consumer to the supplier (146) is complemented by a guarantee that goods will be fit for any purpose 'for which the supplier represents that they are reasonably fit.' (147) Thirdly, and potentially most significantly, the CGL provides statutory force to the provision of an 'express warranty
' given by manufacturers or suppliers of goods.
What is the proposed express warranty
against defects under the ACL?
An express warranty
is breached if the artwork does not conform to the affirmation or promise made.
Reliance upon the representations by the seller or skill and judgment of the seller where the action is based upon express warranty
or warranty of fitness for a particular purpose.
Clifford, Express Warranty
Liability of Remote Sellers: One Purchase, Two Relationships, 75 WASH.
This article reports on software-licensor express warranty
and disclaimer practices on the Internet.
The IRS Notice states that a qualified person is "properly licensed as a professional engineer or contractor in the jurisdiction in which the building is located." It is my understanding that the legal meaning of certification is a guarantee or an express warranty
. As a professional engineer, I carry professional liability insurance with the largest company serving architects and engineers.
In an express warranty
, for example, the manufacturer represents certain characteristics about its products to the customer.
(Although we differentiate between implied and express warranties in our general discussion of warranties, we shall use the term warranty to refer to express warranty
information throughout this paper.) In our analysis of the extrinsic cues' influence on consumer responses, we particularly focus on interaction effects, i.e., how warranties interact with retailer reputation and with brand name in the context of Internet marketing.