Warranty Tolling
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Warranty Tolling
{{Unreferenced, date=June 2019, bot=noref (GreenC bot) Warranty tolling refers to a legal requirement, in some jurisdictions, that the timeframe provided in a product warranty shall be tolled (paused) to protect the consumer from unfairly being deprived of its protections. For example, under California Civil Code Sections 1795.6 and 1795.7, tolling occurs when the buyer delivers goods to be repaired or provides notice of the problem, and continues so long as the buyer has not yet received the repaired goods or notice that the repairs are complete. Contract law Legal doctrines and principles ...
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Warranty
In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and (2) which only entitles the innocent party to damages if it is breached: i.e. the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. A warranty is a term of a contract. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with which the manufacturer has no direct contractual relationship. A warranty may be express or implied. An express warranty is expressly stated (typically, written); whether or not a term will be implied i ...
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Tolling (law)
Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include: * The plaintiff was a minor at the time a cause of action accrued. * The plaintiff has been deemed mentally incompetent. * The plaintiff has been convicted of a felony and is imprisoned. * The defendant has filed a bankruptcy case triggering a stay of other lawsuits. * The defendant is not physically within a certain jurisdiction (state or country). * The parties were engaged in good-faith negotiations to resolve a dispute without litigation when the statute of limitations expired. Tolling may occur under a statute that specifically provides for the tolling of the statute of limitations during specified circumstances. It may also take the form of eq ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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