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Disclaimer on Website of Express and Implied Warranties

Warranty Of Implied Habitability Within A Building

Category:

Technology - Websites - Disclaimers

State:

Multi-State

Control #:

US-01806BG

Format:

Instant download

Description

Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.

Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.

Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.

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FAQ

What is the Warranty of Habitability? In Massachusetts, a landlord must maintain conditions for tenants that are provide for the safety, health, and/or well-being of their tenants. Such a breach occurs the moment that a landlord becomes aware of any condition which impairs or endangers this warranty.

Texas Habitability Laws The ?implied warranty of habitability? requires that landlords keep their rental premises in a habitable condition. A habitable property is one that has: Adequate trash receptacles. Railings, stairways, and floors in good condition.

An implied warranty of habitability is an unstated guarantee that a rental property is in compliance with basic living and safety standards. Local building codes form the basis of these standards. The landlord is responsible for insuring that the warranty of habitability is met, not the tenant.

Entire property must be reasonably free of debris, garbage, and pests. Garbage receptacles must be made available to all tenants, and the landlord must arrange for a appropriate trash collection and disposal schedule. Floors, stairs, and railings must be kept in stable condition to prevent failures.