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Warranty of Merchantability
(redirected from Implied warranty)

   Also found in: Dictionary/thesaurus, Legal, Wikipedia 0.01 sec.
Warranty of Merchantability
A guarantee by a seller that a good or service reasonably meets the buyer's expectations. For example, if one buys a telephone, the warranty of merchantability requires the seller to ensure that the phone is able to make and receive calls. The warranty of merchantability is implied unless the seller specifically states otherwise. See also: Caveat emptor.


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17) Moreover, the Third District Court of Appeal defined the unique concept of implied warranty as follows: An implied warranty arises by operation of law and exists regardless of any intention of the vendor to create it; such warranty springs from the vendor's breach of some duty which amounts to taking advantage of the purchaser by reason of some superior knowledge in the vendor or the reliance by the purchaser on the vendor's representation or judgment.
2) The landlord breaches the "implied warranty of habitability" The implied warranty of habitability is a legal standard that requires a landlord to keep the premises in livable condition (in compliance with local building codes).
Bryant, a New York court found that secondhand smoke drifting between apartments was a breach of the implied warranty of habitability.
 
 
 
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