Specifically, but without limiting the generality of the fore-going, SELLER HEREBY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY
OF HABITABILITY CREATED BY THE ILLINOIS CASE OF PETERSEN v.
23) The act allows a consumer to bring suit against a warrantor in any state for failure to comply with its obligations under a written or implied warranty
A corollary to the implied warranty
of merchantability's somewhat general coverage is the more specific coverage of the implied warranty
of fitness for a particular purpose.
The ability to disclaim the implied warranty
of merchantability is also limited when a written warranty or service contract is provided.
A limited warranty sufficient to exclude or modify a housing merchant implied warranty
must be written in plain English and must clearly disclose that the warranty is a limited warranty which limits implied warranties on the sale of the new home and the words "limited warranty" must be clearly and conspicuously captioned at the beginning of the warranty document.
You may be liable for a breach of an implied warranty
for a reasonable time after the house is finished.
Here, the concern is with the implied warranty
The "warranty of merchantability" is the most common type of implied warranty
Although noting that the dismissal of the medical monitoring and implied warranty
claims rendered plaintiffs' class certification request moot, the Court commented, "Although the certification motion is no longer before the Court, the Court does note its concern that individual issues, especially questions of comparative fault - a defense that seems to be available to Philip Morris notwithstanding the fact that the plaintiffs are asking only for equitable relief - would likely defeat any effort to certify a class in this litigation.
Because a rational supplier of housing units must consider the added expenses that inevitably flow from the potential for or the defense of future litigation asserting a breach of this judicial innovation, the implied warranty
inevitably increases the costs of developing and acquiring a home.
The implied warranty
of fitness for a particular purpose, on the other hand, applies only when the seller knows of the buyer's intended use and that the buyer is relying on him to furnish suitable goods.
Lawyer sues Giant for, among other counts, breach of implied warranty
and breach of an express four-year warranty issued by Giant on the vehicle.