Warranty (other)
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Warranty (other)
In contract law, a warranty is a contractual assurance given by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and therefore only entitles the innocent party to damages if it is breached, i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee: it is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with whom the manufacturer has no direct contractual relationship ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as well as the ''Restatements of the Law'' produced by the American Law Institute (ALI). The United States and the European Union's product ...
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Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ...
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Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ...
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Authorized Service Provider
An authorized service provider (ASP) is a person or company that has been cleared to work on a product that is still under warranty by another company without voiding the warranty. In order to become an ASP, they would have had to complete a certification test administered by the company of the product that they would be servicing, i.e. Hewlett-Packard, Apple, IBM, Microsoft Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washing ... etc. Business terms {{Business-term-stub ...
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Hard Disk
A hard disk drive (HDD), hard disk, hard drive, or fixed disk is an electro-mechanical data storage device that stores and retrieves digital data using magnetic storage with one or more rigid rapidly rotating platters coated with magnetic material. The platters are paired with magnetic heads, usually arranged on a moving actuator arm, which read and write data to the platter surfaces. Data is accessed in a random-access manner, meaning that individual blocks of data can be stored and retrieved in any order. HDDs are a type of non-volatile storage, retaining stored data when powered off. Modern HDDs are typically in the form of a small rectangular box. Introduced by IBM in 1956, HDDs were the dominant secondary storage device for general-purpose computers beginning in the early 1960s. HDDs maintained this position into the modern era of servers and personal computers, though personal computing devices produced in large volume, like cell phones and tablets, rely on ...
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Revocation
Revocation is the act of recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension. Contract law In the law of contracts, revocation is a type of remedy for buyers when the buyer accepts a nonconforming good from the seller. Upon receiving the nonconforming good, the buyer may choose to accept it despite the nonconformity, reject it (although this may not be allowed under the perfect tender rule and whether the Seller still has time to cure), or revoke their acceptance. Under Article 2 of the Uniform Commercial Code, for a buyer to revoke, he must show (1) the goods failed to conform to the contract ''and'' (2) it substantially impaired the value of the goods (this is a question of fact). A Proposal/Offer May be revoked at any time, before the communication of its acceptance is complete as against the proposer, but not afte ...
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Unfair Business Practice
Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. In the European Union, each member state must regulate unfair business practices in accordance with the Unfair Commercial Practices Directive, subject to transitional periods. In the United States, the Federal Trade Commission's Bureau of Consumer Protection works to prevent unfair business practices by: "collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their responsibilities." Individual states within the U.S. are also responsible for protecting consumers against unfair practices. The Consumer Protection Act, protects Alberta, Canada consumers from being taken advantage of. Unfair business practices may arise in many areas, includ ...
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Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ...
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Boris Kustodiev
Boris Mikhaylovich Kustodiev (russian: Бори́с Миха́йлович Кусто́диев; – 28 May 1927) was a Russian and Soviet painter and stage designer. Early life Boris Kustodiev was born in Astrakhan into the family of a professor of philosophy, history of literature, and logic at the local theological seminary. His father died young, and all financial and material burdens fell on his mother's shoulders. The Kustodiev family rented a small wing in a rich merchant's house. It was there that the boy's first impressions were formed of the way of life of the provincial merchant class. The artist later wrote, "The whole tenor of the rich and plentiful merchant way of life was there right under my nose... It was like something out of an Ostrovsky play." The artist retained these childhood observations for years, recreating them later in oils and water-colours. Art studies Between 1893 and 1896, Kustodiev studied in theological seminary and took private art lessons ...
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