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In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home.

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  • Implied warranty (en)
  • 묵시적 보장 (ko)
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  • 묵시적 보장이란 계약법에서 비록 명시적으로 보장되지 않았지만 묵시적으로 보장되는 조항을 말한다. 묵시적 보장은 사회 통념상 매매가능한 상품으로서 보증내용이 서면이나 구두로 약정되어 있지 않다고 하더라도 그 상품이 기본적으로 갖추어야할 품질수준에 대 하여 묵시적으로 보증하고 있다는 것을 의미한다. (ko)
  • In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. (en)
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  • In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusetts consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers. The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer. Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). Theoretically, this saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller can be found and makes restitution. (en)
  • 묵시적 보장이란 계약법에서 비록 명시적으로 보장되지 않았지만 묵시적으로 보장되는 조항을 말한다. 묵시적 보장은 사회 통념상 매매가능한 상품으로서 보증내용이 서면이나 구두로 약정되어 있지 않다고 하더라도 그 상품이 기본적으로 갖추어야할 품질수준에 대 하여 묵시적으로 보증하고 있다는 것을 의미한다. (ko)
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