Even if she reads the disclaimer provision, she probably does not understand that the implied warranty
of habitability simply means that purchasers of residential real estate in Illinois have an implied warranty
from the builder/developer that the house is well constructed.
Florida case law appears to hold that a cause of action for breach of implied warranty
to construct according to plans consists of the following basic requisite elements to be alleged and proven:
The MMWA does allow a supplier to limit implied warranties to the same duration as the written warranty; (25) however, if the dealer does not do so explicitly, then the implied Warranty
has no term limit whatsoever.
An action for damages, or other relief caused by the breach of an implied warranty
, may be initiated prior to the expiration of one year after the applicable warranty period, or within four years after the warranty date, whichever is later.
The "it's-there-unless-you-throw-it-out" aspect of the implied warranty
of merchantability, coupled with the right (in most cases) to exclude the warranty, has led to a practice the effect of which may not be what the practitioners anticipated.
This article discusses the history and several key aspects of the implied warranty
of habitability, as it is understood currently in Illinois.
The Manheim court held that an express warranty limitation did not operate to preclude recovery on the basis of implied warranty
where the product was defective and unsuitable for its ordinary and intended use.
After settlement with the owner, the contractor brought this action against the engineer claiming, among other things, that the engineer was negligent in its administration of the contract and that the plans prepared by the engineer failed to satisfy an implied warranty
Statements herein are based on normal operating conditions and are not intended to create any implied warranty
of merchantability or fitness for a particular purpose.
In their lawsuit, Darlene and Andrew Kiss accuse Wyeth of wrongful death, negligence, defective design, breach of express warranty, breach of implied warranty
, and failure to warn consumers and doctors of the potential health risks of taking over the counter Children's Advil, specifically the risk of developing two life-threatening and fatal cutaneous disorders -- Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TEN) -- which are typically caused by an adverse reaction to a drug or virus.
The action alleges a Breach of Implied Warranty
of Merchantability, in that Merck knew, or should have known, about the negative health effects of Vioxx and breached its warranty of implied merchantability by selling a product that was unfit for consumer use.
The suit charges the defendants with violations of Florida's Deceptive and Unfair Trade Practices Act, negligence, unjust enrichment, breach of implied warranty
of merchantability, and breach of implied warranty
of fitness for a particular purpose.