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Warranty
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. In contract law, a warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that 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 therefore only entitles the innocent party to damages if it is breached, i.e. if 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lemon Law
Lemon laws are laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although many types of products can be defective, the term "lemon" is mostly used to describe defective motor vehicles, such as cars, trucks, and motorcycles. United States Lemon law protection arises under state law, with every U.S. state and the District of Columbia having its own lemon law. Although the exact criteria vary by state, new vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time. Lemon laws consider the nature of the problem with the vehicle, the number of days that the vehicle is unavailable to the consumer for service of the same mechanical issue, and the number of repair attempts made. If repairs cannot be completed within the total number of days d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. Online access to this source requires a subscription to JSTOR or the Oxford Academic database operated by Oxford University Press. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a ' complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. Pleading To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to gran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and " unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as " ll; ineffectual; nugatory; having no legal force or binding effect...." In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract A quasi-contr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authorized Service Provider
An authorized service provider (ASP) or Authorized Repair Provider (ARP) is defined in New York General Business Law § 399-nn is defined to mean "An individual or business who has an arrangement with the original equipment manufacturer under which the original equipment manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair of digital electronic equipment under the name of the original equipment manufacturer, or other arrangement with the original equipment manufacturer to offer such services on behalf or the original equipment manufacturer." ASPs and ARPs are often used to provide in-warranty and post-warranty repair work, but not exclusively. Many in-warranty and post-warranty repairs are made by sub-contracted repair companies, including Independent repair providers, under contract to the OEM. As the original equipment manufact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hard Disk
A hard disk drive (HDD), hard disk, hard drive, or fixed disk is an electro-mechanical data storage device that stores and retrieves digital data using magnetic storage with one or more rigid rapidly rotating hard disk drive platter, platters coated with magnetic material. The platters are paired with disk read-and-write head, magnetic heads, usually arranged on a moving actuator arm, which read and write data to the platter surfaces. Data is accessed in a random-access manner, meaning that individual Block (data storage), blocks of data can be stored and retrieved in any order. HDDs are a type of non-volatile storage, retaining stored data when powered off. Modern HDDs are typically in the form of a small disk enclosure, rectangular box. Hard disk drives were introduced by IBM in 1956, and were the dominant secondary storage device for History of general-purpose CPUs, general-purpose computers beginning in the early 1960s. HDDs maintained this position into the modern er ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revocation
Revocation is the act of wikt:recall, recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void (law), void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension. Contract law In the law of contracts, revocation is a type of legal remedy, remedy for buyers when the buyer offer and acceptance, accepts a nonconforming goods, good from the seller. Upon receiving the nonconforming good, the buyer may choose to accept it despite the nonconformity, reject it (although this may not be allowed under the perfect tender rule and whether the Seller still has time to cure), or revoke their acceptance. Under Article 2 of the Uniform Commercial Code, for a buyer to revoke, he must show (1) the goods failed to conform to the contract ''and'' (2) it substantially impaired the value of the goods (this is a question of fact). A Proposal (business), Proposal/Offer and acceptance, Offer May be revok ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Business Practice
Unfair business practices (also unfair commercial practices) describes a set of practices by businesses which are considered unfair, and which may be unlawful. It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms. Protections may be afforded to business-to-business dealings, or may be limited to those dealing as consumers. Regulation of such practices is a departure from traditional views of freedom to agree on contractual terms, summed up in the 1804 French Civil Code as ''qui dit contractuel dit juste'' (roughly, anything contractual is fair). Canada Canadian provinces enact their own consumer protection laws which differ in scope and coverage. For example, Saskatchewan's Consumer Protection Act says: It is an unfair practice for a supplier, in a transaction or proposed transaction involving goods or services, to: (a) do or say anything, or fail to do or say anything, if as a result a cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boris Kustodiev
Boris Mikhaylovich Kustodiev (; – 28 May 1927) was a Russian and later Soviet painter and stage designer. Early life Boris Kustodiev was born in Astrakhan into the family of a professor of philosophy, history of literature, and logic at the local theological seminary. His father died young, and all financial and material burdens fell on his mother's shoulders. The Kustodiev family rented a small wing in a rich merchant's house. It was there that the boy's first impressions were formed of the way of life of the provincial merchant class. The artist later wrote, "The whole tenor of the rich and plentiful merchant way of life was there right under my nose... It was like something out of an Ostrovsky play." The artist retained these childhood observations for years, recreating them later in oils and water-colours. Art studies Between 1893 and 1896, Kustodiev studied in theological seminary and took private art lessons in Astrakhan from Pavel Vlasov, a pupil of Vasily Perov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
