Express And Implied Contract With Example

State:
Multi-State
Control #:
US-01806BG
Format:
Word; 
Rich Text
Instant download

Description

The document titled 'Disclaimer of Warranties' outlines the absence of express and implied warranties regarding specific products sold by the seller. An express contract is established through clear statements and assurances made by the seller concerning the product's characteristics, while implied contracts arise from assumed obligations, such as the implied warranty of merchantability. For example, if a seller advertises a product as suitable for a specific purpose, an implied warranty may exist unless disclaimed. The key features of the document include the clear rejection of any implied warranties for fitness and the assertion that products are sold 'AS IS'. Users must thoroughly evaluate the product's suitability for their intended use, as the seller is not liable for any claims. The form is particularly useful for legal professionals, including attorneys, partners, owners, associates, paralegals, and legal assistants, as it helps clarify liability issues and manage risk in sales agreements, particularly in industries where product warranties are commonly assumed.

How to fill out Disclaimer On Website Of Express And Implied Warranties?

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FAQ

An implied contract is a legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement. It has the same legal force as an express contract, which is a contract that is voluntarily entered into and agreed on verbally or in writing by two or more parties.

For example a person named X wanted to sell his car to a person named Y for Rs . 80,000 and if Y wishes to buy that car then, it will amount to an offer by X for the sale of his car. The intension of obtaining the ascent of the other party can be either express or implied.

The act and conduct of the parties in a situation may give rise to an implied contract. For example, an individual enters a restaurant and orders food. A contract to receive the food, service, and the payment for the same is established. An implied contract is legally binding in the same manner as a written contract.

In an express contract, words, either written or verbal, are used to bring the contract to fruition, whereas an implied contract comes into existence as the result of actions.

The definition of implied is something that was hinted at or suggested, but not directly stated. When a person looks at his watch and yawns multiple times as you are talking, this is an example of a situation where boredom is implied. Suggested without being stated directly.

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Express And Implied Contract With Example