implied warranty

(redirected from Implied warranty of fitness)
Also found in: Legal.
Related to Implied warranty of fitness: Express warranty, Implied Warranty of Merchantability
Translations

implied warranty

n (US Jur) → konkludente Zusicherung (spec) (stillschweigende Zusage der Freiheit von Mängeln)
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Count 1: Violation of New Jersey Consumer Fraud Act Count 2: Breach of Contract Count 3: Willful Breach of Implied Warranty of Merchantability Count 4: Breach of Implied Warranty of Fitness for a Particular Purpose Count 5: Breach of Covenant of Good Faith and Fair Dealing Count 6: Unjust Enrichment Count 7: Negligence Count 8: Deceptive Trade Practices Count 9: Fraud & Deceit
These special implied warranties are twofold: the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.
A third line of cases allowed an ultimate purchaser to sue a manufacturer for damages for breach of implied warranty of fitness for a particular purpose when there was only economic loss and no privity.
Labels, particularly those approved by a government agency, frequently have been asserted as a defense in actions for damages premised on theories of strict liability, failure to warn, breach of implied warranty of fitness and negligence.
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 of fitness.
These implied warranties are, of course, the implied warranty of merchantability, and, under some circumstances, the implied warranty of fitness for a particular purpose.