Template:Warrantydescription: Difference between revisions
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A '''{{tag|warranty}}''' is a statement of a '''present or historical [[fact]]''' made as a term of a {{tag|contract}}. If a warrantor breaches its {{tag|warranty}} the injured party might claim damages for the breach of {{tag|contract}} and sue for damages, but cannot [[rescind]] it altogether. To set aside the contract ''as if it never happened'' — to void it, ''[[ab initio]]'' — you would need to prove a mis{{tag|representation}} from someone before the {{t|contract}}, that induced you to [[Enter into|enter]] it. | A '''{{tag|warranty}}''' is a statement of a '''present or historical [[fact]]''' made as a term of a {{tag|contract}}. If a warrantor breaches its {{tag|warranty}} the injured party might claim damages for the breach of {{tag|contract}} and sue for damages, but cannot [[rescind]] it altogether. To set aside the contract ''as if it never happened'' — to void it, ''[[ab initio]]'' — you would need to prove a mis{{tag|representation}} from someone before the {{t|contract}}, that induced you to [[Enter into|enter]] it. <br> |
Revision as of 23:31, 8 November 2020
A warranty is a statement of a present or historical fact made as a term of a contract. If a warrantor breaches its warranty the injured party might claim damages for the breach of contract and sue for damages, but cannot rescind it altogether. To set aside the contract as if it never happened — to void it, ab initio — you would need to prove a misrepresentation from someone before the contract, that induced you to enter it.