Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions

Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions PDF Author: Martin Kurer
Publisher: Kluwer Law International B.V.
ISBN: 9041198563
Category : Law
Languages : en
Pages : 652

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Book Description
As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.

Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions

Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions PDF Author: Martin Kurer
Publisher: Kluwer Law International B.V.
ISBN: 9041198563
Category : Law
Languages : en
Pages : 652

Get Book Here

Book Description
As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.

Warranties and Disclaimers

Warranties and Disclaimers PDF Author:
Publisher:
ISBN:
Category : Hold harmless agreements
Languages : en
Pages : 628

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Book Description


Warranties and Disclaimers for Remodelers

Warranties and Disclaimers for Remodelers PDF Author: David S. Jaffe
Publisher:
ISBN: 9780867184419
Category : House & Home
Languages : en
Pages : 0

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Book Description
This book was written to help remodelers write better warranties and help them better understand their obligations under the warranties they write, Includes checklists and sample warranties as well as a summary of applicable state warranty laws.

Text and Circumstance

Text and Circumstance PDF Author: Stephen E. Friedman
Publisher:
ISBN:
Category :
Languages : en
Pages : 55

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Book Description
The law of warranty disclaimers has failed to keep pace with the proliferation and growing acceptance of quot;rollingquot; or quot;layeredquot; contracts. Courts have not adequately addressed or resolved this tension and have failed to articulate an appropriate test for assessing these disclaimers in rolling contracts. This Article provides a flexible test based on language in Article 2 of the Uniform Commercial Code that validates certain disclaimers quot;unless the circumstances indicate otherwise.quot; The test would enable a trier of fact to find a disclaimer ineffective if the nature of the transaction is such that it puts the buyer off guard as to the existence or effect of a disclaimer. To illustrate the value of this test, the Article applies the test to the critical issue of disclaimers in rolling contracts involving consumer purchases. The Article concludes that although it may be appropriate to provide some terms only after purchase or order, a warranty disclaimer in a consumer purchase is not such a term. A consumer typically expects that, although the seller may provide some minor terms after purchase, all the key product information will be presented quot;up frontquot; in the transaction. A disclaimer of the implied warranty of merchantability should be considered just such key product information. Thus, when a purchase or order passes without disclosure of a disclaimer, a consumer is likely to be put off guard as to the existence or effect of a disclaimer disclosed afterwards. In short, sellers should generally not be able to quot;rollquot; warranty disclaimers into consumer transactions.

The Crowdfunding Handbook

The Crowdfunding Handbook PDF Author: Cliff Ennico
Publisher: AMACOM
ISBN: 0814433618
Category : Business & Economics
Languages : en
Pages : 289

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Book Description
IPSs are expensive, and venture capital nearly impossible to attract. Crowdfunding is changing the game for private companies. Are you taking full advantage? Think Kickstarter® is just for artists and people who don’t really want to work for their success? Think again! In 2012 President Obama signed the JOBS act (Jumpstart Our Business Startups), empowering privately owned companies to raise capital from investors without going through the rigorous IPO and private placement processes. Your private company can now crowdfund your way to success! Now that the SEC has handed down the last regulations, the floodgates will open and companies will be free to compete for funding. Thankfully for you, small business and legal expert Cliff Ennico has followed the equity crowdfunding story since its inception and has translated the regulations into a clear set of dos and don’ts for entrepreneurs and small business others looking to get in early. In The Crowdfunding Handbook, burgeoning crowdfunders can learn how to: Decipher whether crowdfunding is their best bet Choose between funding platforms Pitch a project to the public Reach the most promising investors Figure out disclosure documents and report requirements The Crowdfunding Handbook reveals the tips and tools to helo you raise money for your small business or startup with equity funding portals.

A Businessperson's Guide to Federal Warranty Law

A Businessperson's Guide to Federal Warranty Law PDF Author:
Publisher:
ISBN:
Category : Consumer protection
Languages : en
Pages : 28

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Book Description


Warranties and Disclaimers for Builders

Warranties and Disclaimers for Builders PDF Author: David S. Jaffe
Publisher:
ISBN: 9780867184457
Category : Law
Languages : en
Pages : 81

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Book Description


Drafting and Enforcing Warranties and Disclaimers

Drafting and Enforcing Warranties and Disclaimers PDF Author:
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 200

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Book Description


Consumer Product Warranties

Consumer Product Warranties PDF Author: Richard A. Elbrecht
Publisher:
ISBN:
Category : Consumer education
Languages : en
Pages : 7

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Book Description


Corporate Counsel's Primer on Warranty Disclaimers and Limitations

Corporate Counsel's Primer on Warranty Disclaimers and Limitations PDF Author: West (Firm)
Publisher:
ISBN:
Category : Sales
Languages : en
Pages : 34

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Book Description