Warranty or Condition in UK Law

  • Warranties And Conditions Precedent - Take Care
    • Mondaq United Kingdom
    ... ... Under warranty ... A warranty is a clause which goes to the root of the reinsurance ... and the court may construe the provision as a 'suspensive condition'. A suspensive condition is one that merely suspends the risk until the ... ...
  • Personal Injury Claims And Corporate Insolvency
    • Mondaq UK
    ... ... their insolvent policyholder, i.e if there was a breach of a warranty or condition precedent ... However, "technical" defences will not be ... ...
  • Recent Developments In The Construction Insurance Market: Additional Protections For Consultants, Contractors And Third Parties?
    • Mondaq UK
    ... ... Remedies for breach of warranty and breach of condition ... Under the MIA 1906 an insurer could decline ... ...
  • Insurance Law - ICOB - Are You Ready?
    • Mondaq United Kingdom
    ... ... breach of a warranty or condition, where the circumstances of the loss are unconnected to the ... ...
  • Blog: High Court rules on the application of suspensive warranty provisions in insurance contracts
    • JD Supra United Kingdom
    In Bluebon Limited (in liquidation) v (1) Ageas (UK) Limited (formerly Fortis Insurance Limited) (2) Aviva Insurance Limited (3) Towergate Underwriting Group Limited [2017] EWHC 3301 (Comm), Mr Jus...
    ... ... Group Limited [2017] EWHC 3301 (Comm), Mr Justice Bryan held that an electrical installation inspection warranty was a suspensive condition of the insurance policy, which covered various risks, including fire, and that any breach of such warranty would result in cover being suspended from ... ...
  • Breach Of Warranty: The Insurer's Burden Of Proof
    • Mondaq United Kingdom
    ... ... It was not disputed that the "Burning and Welding Warranty" contained within the policy was a condition precedent.  Paragraph 2 of the warranty required that: ... "the area in the immediate vicinity of the work shall be cleared of all movable ... ...
  • Collateral Duties to Third Parties
    • Mondaq United Kingdom
    ... ... Let's start with the most obvious question: what is a collateral warranty? The problem is that historically, English law would not permit a ... large developments will require collateral warranties as a condition of lending. This is compounded by insurers of consultants and contractors ... ...
  • 'Reps' and Warranties: One Could Cost More Than the Other Under English Contract Law
    • JD Supra United Kingdom
    Contractual representations and warranties are often grouped together, referred to in shorthand as “reps and warranties.” The differences between the two concepts are often forgotten, but the disti...
    ... ... create grounds for a claim under tort for misrepresentation; a warranty is a contractual promise that, if untrue, may create a cause of action for ... he found Sycamore would have paid had the warranty of financial condition been true. That came to around £4.75 million ... The value of these ... ...
  • Post Transaction Disputes: Bringing Warranty Claims ' Key Considerations
    • Mondaq UK
    ... ... affairs of the Company as at the Accounts Date" ... "The plant and machinery is in reasonable repair and ... condition" ... Breach of a warranty may give rise to a claim in damages (see ... further below "What is the value of the ... Has a warranty been breached? ... ...
  • Warranty Claims: The Importance Of Complying With The Contractual Requirements
    • Mondaq UK
    ... ... the Purchaser has or is likely to have a Claim". However, it stated that this notice was not "a condition precedent to the liability of a Seller in relation to a Claim provided the Claim is notified" as set out above ... The buyer claimed damages for ... ...
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