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Перевод по юридическому английскому "express or implied warranty"
- 1 страниц
- 2020 год
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И прямовыраженная и подразумеваемая гарантия обеспечивают юридическую помощь (средство судебной защиты) покупателю. Помимо товаров, гарантии предоставляются в отношении недвижимого имущества, страхования, а также продажи и аренды товаров и услуг.
A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty. In business and legal transactions, a warranty is an assurance by one party to the other party that certain facts or conditions are true or will happen. The party who purchases the product is permitted to rely on the warranty and seek legal remedy if the warranty is breached.
A warranty is express or implied or both. In some cases, the seller of a particular commodity or property expressly guarantees the quality of the product purchased. In certain situations, the law implies a warranty where no express warranty was made. Both provide legal relief for the purchaser. Apart from products, warranties are made with respect to real estate, insurance, and sales and leases of goods and services.
If the express warranty is false, there is a breach of the warranty. The warrantor is then legally liable just as though the truth of the warranty had been guaranteed. It is no defense that the defendant honestly believed that the warranty was true, had exercised due care in manufacturing or handling the product, or had no reason to believe that the warranty was false.
Express warranties arise because they form part of the contract upon which the sale has been made. The fact that express warranties are made does not exclude implied warranties. When both express and implied warranties exist, they should be construed as being consistent with each other and cumulative if such a construction is reasonable. In case it is impossible to construe express and implied warranties as consistent and cumulative, an express warranty prevails over an implied warranty as to the subject matter of the sale, except in the case of an implied warranty of fitness for a particular purpose.
To impose liability for breach of the implied warranty of merchantability, it is ordinary necessary to show that there was a defect in the product and that this defect made the product not fit for its normal use and this caused the plaintiff’s harm.
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