implied warranty of merchantability.
an assumption in law that the goods are fit for the ordinary purposes for which such goods areused. this implied warranty applies to every sale by a merchant who deals in goods of thekind sold. however, if there is a warning that the goods are sold“as is”,the implied warranty does not apply.
A legal assumption, implied warranty, refers to the mandatory requirements of laws and regulations for product quality, and even if there is a contractual agreement between the parties, this obligation cannot be exempted or restricted.
Related Legal Terms:
gf]f06c[ gf]implied consent.
knowing indirectly(throtgh conduct or inaction)that a person would agree or give permission.for example,in newmexico a person who gets a driver's license has given implied consent to allow a police officer to conduct an alcohol breath or blood test,when the police suspects theperson is driving while intoxicated.
Knowing indirectly (by act or omission) that someone will agree or allow.
For example, in New Mexico, when a police suspect a person is driving while intoxicated, a person who has obtained a driver's license has acquiesced to the police taking an alcohol breath or blood test on him.
gf]f06c[ gf]implied contract, implied contract, contract.
a contract in which the promise made by the obligor is not express, but inferred by his conduct or implied in law.
The promise made by the debtor is not express, but is inferred from its conduct or implied in law.
Refer to bilingual example sentences:
this site and all information and materials contained herein, is provided to you "as is" and to the extent permitted by law without warranty of any kind, either express or implied, including but not limited to, no warranties in connection with the uninterrupted or continuous **ailability of the site; no representations about the suitability of the information, products and/or services contained on this site for any purpose, no implied warranties of merchantability; fitness for a particular purpose or non infringement with respect to the site and any services provided by daimler hereunder.
All content contained in this ** is published "as is" and without warranty of any kind (express or non-express) to the extent permitted by law, including but not limited to the guarantee that this ** will be uninterrupted or available for continuous access; any representations regarding the suitability of all information, products or services contained herein; non-express warranties of merchantability; fitness for a particular purpose or non-infringement for this ** or any of the services of Daimler AG.
in this regard, while some members agreed that there was a general reluctance to accept an implied waiver based on the acceptance of an agreement, some doubts were expressed by others regarding the assertion by the special rapporteur in his report that state’s consent to be bound by an international agreement establishing universal jurisdiction for gr**e international crimes or precluding immunity did not imply consent to the exercise of foreign criminal jurisdiction in respect of its officials, and therefore waiver of immunity.
In that connection, some members were of the view that there was a general reluctance to accept an implied waiver based on acceptance of an agreement, while others questioned the Special Rapporteur's assertion in his report that States had waived immunity by agreeing to be bound by international agreements providing for universal jurisdiction over serious international crimes, or that the exclusion of immunity did not imply consent to the exercise of foreign criminal jurisdiction over them.
giving the judgment of the court of appeal, lord justice millett overruled british waterways board and aratra potato co ltd for reasons which can be conveniently divided into four main areas: legislation and rules; differentiating maintenance and champerty; changing public policy; and absence of implied contract as to costs.
The Court of Appeal reversed the decisions of the British Waterwaysboard and Aratrapotatoco Ltd cases on the basis that they could be broadly summarised in four main areas: the Statute and the Rules, the difference between maintenance and champerty, the change in public policy, and the implied contract for costs was not problematic.