What are the expressed and implied warranties ?



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Rishi Kashyap
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EXPRESSED WARRANTY
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(1) An express warranty may be in any form of words from which the intention to warrant is to be inferred.
(2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy.
(3) An express warranty does not exclude implied warranty, unless it be inconsistent therewith.
Example of Exp Warranty:
A] NAVIGATION / TRADING WARRANTY
B] TOWING WARRANTIES
C] SALVAGE WARRANTIES etc
In short anything which is written is expressed

IMPLIED WARRANTY
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Warranty not included in or endorsed on the policy.
Example of Exp Warranty:
A] SEAWORTHINESS
B] LEGALITY
C] NEUTRALITY
In short anything which is understood is implied

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tags  MMD / MCA ORALS MASTER EXAM
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