The Construction Claim Entitlement Type Of An Implied Warranty

1461 words - 6 pages


Table of Contents
Introduction 1
Types of Implied Warranties 2
Overview 2
Statutory Warranties (Disclaimable) 3
Common Law Warranties (Non-Disclaimable) 3
Case Study 4
Conclusion 5
Works Cited 6

Introduction

This research paper will explore the construction claim entitlement type of an implied warranty. In general, contracts can often be classified according to the method by which they are created or developed. Under this classification scheme, there are two distinct contracts types referred to as express contracts and implied contracts (also known as ‘in-fact’ contracts). In express contracts, the parties manifest their assent or approval by oral or written words. In implied contracts, agreement is manifested by acts rather than by words (Sweet, 2009). An implied warranty is a specific kind of implied contract in construction law. According to the Cornell School of Law, “an implied warranty is a contract law term for certain assurances, presumed to be made, in the contract due to the circumstances of the deal” (LII, 2014). In construction disputes, assurances relating to construction plans, designs, and or specifications are the most common. Implied warranties were first recognized in the English courts of Great Britain during the early eighteen hundreds, but date back to ancient Roman and Germanic law. In the United States, implied warranties were slower to be accepted, with much more emphasis being placed by the courts on enforcing express warranties. For most of the nineteenth century in the United States, the notion of caveat emptor, otherwise known as ‘buyer-beware’, was generally widely accepted (Petitt, 2011). This notion was one-sided in favor of the seller at the expense of the buyer. A number of changes were brought about in the realm of warranties with the advent of the twentieth century, and the subsequent industrial revolution. Largely due to the mass production of goods, the concept of buyer beware generally began to recede, as more people began to put emphasis on sellers’ implied warranties of quality (Petitt, 2011). Although this trend generally was spurred by the mass production of products, the implied warranty concept was widely transposed and applied across the legal realm. In construction law, the legal claim of implied warranty can be brought about for a number of reasons. These usually pertain to deficiencies in the work where no express warranty is present. In the status quo, the concept of buyer beware is clearly gone, with more favor now leaning toward the buyer. Across the United States, the law constantly varies from state to state and many different versions of implied warranties now exist. This report will now examine the various types of implied warranties.
Types of Implied Warranties
Overview

The warranties that are generally implied in construction contracts include a warranty of merchantability, a warranty of fitness of goods, a warranty of habitability, a warranty of plans and specifications, a...

Find Another Essay On The Construction Claim Entitlement Type of an Implied Warranty

The Construction of Amanda Knox as an Other

2502 words - 11 pages that this tendency promotes certain social structures, both by imbuing a society’s members with aversions to subversive behaviour and by focusing resentment and blame on those who defy such institutions. Knox’s construction as an “Other” was mainly established in relation to the femininity, or lack thereof. Media coverage on the Amanda Knox case and the prosecution’s version of events were viewed almost exclusively through the prism of Knox’s

The History of Construction Essay

1217 words - 5 pages Construction is a trillion dollar enterprise that has been vital to the expansion of civilization over the course of history; starting with the ancient Egyptian’s great and luxurious pyramids made of limestone, up unto the modern day mammoth skyscrapers around the world today; Most of these innovations incorporate three elements: Lumber, steel, and cement; Knowing how to work and maneuver these elements into a construction venture, in a safe and

Describe and evaluate the claim that hypnosis is an altered state of awareness

1603 words - 6 pages Hypnosis is a hotly debated state of awareness in that as the question indicates state theorists hold that it involves an altered state of awareness while other non-state theorists claim it is simply an act of social compliance where the hypnotised simply act out a role. Nevertheless as we shall see research has led to an understanding of various aspects of the phenomenon of hypnosis but it has failed to resolve this debate.Research using the

“The possession of knowledge carries an ethical responsibility” Evaluate this claim.

1292 words - 5 pages "The possession of knowledge carries an ethical responsibility" Evaluate this claim."The possession of knowledge carries an ethical responsibility" Evaluate this claim.Knowledge is said to be one of mankind's most valued possessions. Without knowledge there would be little difference between the animals who inhabit this earth and us. More powerful than the strongest army, knowledge has been the keystone to the world's greatest revelations

The Construction of Feminity in “Hills Like White Elephants” and “The Stoy of an Hour”

1833 words - 8 pages include nurturer, birth giver, homemaker and caregiver. However, marked by a series of women's rights movements starting from the 19th century, women’s gender roles, as well as the ways how society and men perceive women, have been largely changed. This significant change, described as a process of female awakening, was widely reflected in many contemporary literature works. This essay will specifically focus on the construction of feminity in two

Simple Responses to an Irrational Claim – The Abortion Issue

1948 words - 8 pages and allowed abortions under certain circumstances (CBC News Online, 2005). These circumstances were Section 287 of the Criminal Code; this stated that all abortions must be performed in an accredited or approved hospital. Along with this limitation, it was required that therapeutic abortions committees comprised of three physicians from that hospital approve the surgery; this was necessary to protect the woman’s life or health (Sullivan, 2005

The Reality of 18th Century British Society Implied in Gulliver’s Travels

5572 words - 22 pages The Reality of 18th Century British Society Implied in Gulliver's TravelsAbstractGulliver's Travels is the masterpiece of Jonathan Swift who is one of the greatest satirical writers in the 18th century British. This novel exposes all the corruption and ugliness about the social reality of the 18th century British in the aspects of politics, economics, diplomatic, scientific and culture. This paper selects the strange phenomena implied in

The Social Construction Of Gender

3371 words - 13 pages between sex and gender and considering there are two sexes, there must be two genders. The difference between sex and gender and the process by which society labels an individual constitutes the social construction of gender. “DOING GENDER” “Gender is constantly created and recreated out of human interaction, out of social life, and is the texture and order of that social life. Yet, gender like culture, is a human production that depends on

The Social Construction of Gender

1501 words - 6 pages recognizes.? (Lorber, Night To His Day: The Social Construction of Gender, For Individuals, Gender Means Sameness, Page 463) ??a defining feature of reality construction is to see our world as being the only possible one.? (Kessler & McKenna, Gender: An Ethnomethodological Approach, The Primacy of Gender Attribution, Page 475) Many people don?t realize that gender is a socially constructed accomplishment. People make up methods in their heads about ways

The Social Construction of Fibromyalgia

1383 words - 6 pages complicated issues in today’s health care field such as: What criteria must be met in order for a symptom or a set of symptoms, as is the case here, to be classified as an illness or a disorder? What does the term illness itself mean? What makes up the concept of health? In this paper, I attempt to tackle these questions by examining the process of the social construction, the medicalization, and the medical uncertainties surrounding fibromyalgia. I will

The Construction of Australian Identities

1174 words - 5 pages national identities of “whiteness” and other identities have been constructed by silencing and exploiting the ‘Other’ non-white histories as on political, economic and cultural aspects. Examples would be given as evidence to support the standpoint of this essay. “Whiteness” is one of the core and crucial national identity of Australians. The construction of “whiteness” as an identity is apparently linked to Australian’s colonial history

Similar Essays

The Impact On Society Of The Entitlement Effect

1117 words - 4 pages The issue of entitlement elevated in the 1980’s and led to a whole generation of youth thinking someone owes them; migrating from the thought process ingrained in previous generations. This era generally has an exaggerated sense of self importance that is not commensurate with their actual level of achievement. Every generation changes, adjusts in many ways due to the influence from the previous generation. In an effort to co

The Claim Of Alcoholism Essay

1257 words - 5 pages Someone with 20 years of continuous sobriety is just as likely to relapse as someone with 20 days ("Alcoholism"). To some programs, such as Alcoholics Anonymous, the ongoing battle of excessive drinking is defined as a battle with a disease (Kneale, and French). By defining alcoholism as a disease, it takes away the self-blame that one should feel for fueling such an addiction. When one does not hold themselves accountable for their actions, it

An Evaluation Of The Construction Of Britannia Bridge

1570 words - 6 pages Completed in 1850 Brittania Bridge was the brainchild of Robert Stephenson and at the time was at the cutting edge of civil engineering, with all aspects of construction being on an unprecedented scale. Construction began in 1846 and was completed by 1850, it was intended that the bridge carry the Chester and Holyhead railway across the Menai Strait. Brittania Bridge had to be a tubular bridge to meet the criteria set by the board of admiralty

"The Community Implied By The Constitution And Declaration Of Independence"

1525 words - 6 pages imagined community would fit into today's society.In the eyes of all the authors involved, the "Constitution" and the "Declaration of Independence" contained everything needed to establish and maintain an independent community through a set of structured rules, without giving any one person too much power. These authors came to the 'new world' in search of a new life, a fresh start from the things that may have troubled them in Europe. By word of