Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
As-is warranty.
see warranty (2)
Home Owners Warranty.
A warranty and insurance program that, among other coverage, insures a new home for ten years against major structural defects. ( The program was developed by the Home Owners Warranty Corporation, a subsidiary of the National Association of Home Builders. Builders often provide this type of coverage, and many states provide similar warranty protection by statute. - Abbr. HOW. - Also spelled Home Owners' Warranty.
Magnuson-Moss Warranty Act
A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301-2312.
Y2K warranty
See Y2K WARRANTY. 3. Insurance. A pledge or stipulation by the insured that the facts relating to the person insured, the thing insured, or the risk insured are as stated.
Year 2000 warranty
See Y2K WARRANTY.
affirmative warranty
A warranty - express or implied - that facts are as stated at the beginning of the policy period. ( An affirmative warranty is usu. a condition precedent to the policy taking effect.
as-is warranty
A warranty that goods are sold with all existing faults. See As Is.
breach of warranty
1.A breach of an express or implied warranty relating to the title, quality, content, or condition of goods sold. UCC § 2-312. 2. Insurance. WARRANTY (3).
collateral warranty
A warranty that is made by a stranger to the title, and that consequently runs only to the covenantee and not to the land.
construction warranty
A warranty from the seller or building contractor of a new home that the home is free of structural, electrical, plumbing, and other defects and is fit for its intended purpose.
continuing warranty
See promissory warranty under WARRANTY (3). continuing wrong. See WRONG.
covenant of warranty
A covenant by which the grantor agrees to defend the grantee against any lawful or reasonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. ( This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. See wARRANTY (1).
deceptive warranty
A warranty containing false or fraudulent representations or promises.
disclaimer of warranty
An oral or written statement intended to limit a seller's liability for defects in the goods sold. 0 In some circumstances, printed words must be specific and conspicuous to be effective.
executory warranty
A warranty that arises when an insured undertakes to perform some executory stipulation, such as a promise that certain acts will be done or that certain facts will continue to exist.
express warranty
See WARRANTY (2).
extended service warranty
See extended warranty under WARRANTY (2). extended-term insurance See INSURANCE.
extended warranty
An additional warranty often sold with the purchase of consumer goods (such as appliances and motor vehicles) to cover repair costs not otherwise covered by a manufacturer's standard warranty, by extending either the standard-warranty coverage period or the range of defects covered. -Also termed extended service warranty; extended service contract.
full warranty
A warranty that fully covers labor and materials for repairs. 0 Under federal law, the warrantor must remedy the consumer product within a reasonable time and without charge after notice of a defect or malfunction. 15 USCA § 2304. Cf. limited warranty.
full warranty.
See WARRANTY (2).
full-covenant-and-warranty deed
See warranty deed.
general warranty
A warranty against the claims of all persons.
general warranty deed
See warranty deed.
implied warranty
See WARRANTY (2)
implied warranty of fitness for a particular purpose
A warranty - implied by law if the seller has reason to know of the buyer's special purposes for the property - that the property is suitable for those purposes. -Sometimes shortened to warranty of fitness. "Those unfamiliar with the differences between the warranty of merchantability (fitness for the ordinary purposes for which such goods are used) and the warranty of fitness for a particular purpose often confuse the two; one can find many opinions in which the judges used the terms 'merchantability' and 'fitness for a particular purpose' interchangeably. Such confusion under the Code is inexcusable." 1 James J. White & Robert S. Summers, Uniform Commercial Code § 9-10, at 527 (4th ed. 1995).
implied warranty of habitability
In a residential lease, a warranty from the landlord to the tenant that the leased property is fit to live in and that it will remain so during the term of the lease. - Also termed covenant of habitability.
implied warranty of merchantability
See WARRANTY (2).
limited warranty
A warranty that does not fully cover labor and materials for repairs. Under federal law, a limited warranty must be clearly labeled as such on the face of the warranty. Cf. full warranty.
lineal warranty
Hist. A warranty existing when an heir derives title to land from the warrantor; a warranty from the same ancestor as the one from whom the land derived.
personal warranty
A warranty arising from an obligation to pay all or part of the debt of another.
presentment warranty
An implied promise concerning the title and credibility of an instrument, made to a payor or acceptor upon presentment of the instrument for payment or acceptance. UCC §§ 3-417, 3-418, 4-207(1).
promissory warranty
A warranty that facts will continue to be as stated throughout the policy period, such that a failure of the warranty provides the insurer with a defense to a claim under the policy. - Also termed continuing warranty.
special warranty
A warranty against any person's claim made by, through, or under the grantor or the grantor's heirs. 2. Contracts. An express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties; esp., a seller's promise that the thing being sold is as represented or promised. ( A warranty differs from a representation in four principal ways: (1) a warranty is an essential part of a contract, while a representation is usu. only a collateral inducement, (2) a warranty is always written on the face of the contract, while a representation may be written or oral, (3) a warranty is conclusively presumed to be material, while the burden is on the party claiming breach to show that a representation is material, and (4) a warranty must be strictly complied with, while substantial truth is the only requirement for a representation. Cf. CONDITION (3)
special warranty deed
See DEED.
title, warranty of
See uiarranty of title under WARRANTY (2).
transfer warranty
See wARRANTY (2).
voucher to warranty
Hist. The calling into court of a person who has warranted lands, by the person warranted, to come and defend a lawsuit.
warranty
, n. 1. Property. A covenant by which the grantor in a deed promises to secure to the grantee the estate conveyed in the deed, and pledges to compensate the grantee with other land if the grantee is evicted by someone having better title. ( The covenant is binding on the grantor's heirs. See COVENANT (4). Cf quitclaim deed under DEED.
warranty ab initio
An independent subsidiary proluise whose breach does not discharge the contract, but gives to the injured party a right of action for the damage sustained as a result of the breach. Cf. warranty ex post facto.
warranty against infringement
See WARRANTY (2).
warranty deed
A deed containing one or more covenants of title; esp., a deed that expressly guarantees the grantor's good, clear title and that contains covenants concerning the quality of title, including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims. - Also termed general warranty deed; full-covenant-and-warranty deed. See wARRANTY (1). Cf quitclaim deed; special warranty deed.
warranty ex post facto
. A broken condition for which the injured party could void the contract, but decides instead to continue the contract, with a right of action for the brokexr condition (which amounts to a breached warranty). See CONDITION (2). Cf warranty ab initio.
warranty of actual title
See warranty of title under WARRANTY (2)
warranty of assignment
An assignor's implied warranty that he or she (1) has the rights assigned, (2) will do nothing to interfere with those rights, and (3) knows of nothing that impairs the value of the assignment.
warranty of authorship
See WARRANTY (2)
warranty of merchantability
See implied warranty of merchantability.
warranty of title
See WARRANTY (2).
written warranty
A warranty made in writing; specif., any written affirmation or promise by a supplier of a consumer product to a buyer (for purposes other than resale), forming the basis of the bargain and providing that the material or workmanship is free of defects or will be repaired or replaced free of charge if the product fails to meet the required specifications. 15 USCA § 2301.