LAS VEGAS, NEVADA LAWYER HOWARD ROITMAN

Disclamer of Howrd Roitman

The answers posted by me in internet newsgroups, message boards and websites may not and must not be relied on as legal advice because:

1

.

In most cases I don't know what state or country the person with the question or comment (poster) is in, and therefore I cannot know what laws apply

.

2

.

Even if I know what country and state the poster is in, it is unlikely that I will know anything about the laws of that country or state

.

3

.

I am sometimes able to give general, academic answers in areas of law that I am not expert in because the questions are sometimes basic

.

But general, academic answers are good for educational and discussion purposes only and are not reliable when applied to real situations

.

4

.

I answer only the questions that are asked

.

The poster and I have only limited opportunity to ask follow-up questions of each other, so I do not expand the answer to include discussion of questions that would have been or should have been asked if we were talking face to face

.

5

.

I rely on the facts as posted in the question

.

I have no opportunity to investigate the facts or evaluate the truthfulness of the person who posted the facts behind the question

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I have only limited opportunity to inquire about the views on the other side in the dispute

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6

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I have only limited opportunity to examine the poster’s documents pertaining to the question

.

Even though it is technically possible for a poster to post a contract or other document, I have only limited ability to inquire about correspondence and conversations leading up to or interpreting the document

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7

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The only value anyone can derive from my answers is (a) direction to the legal issues that I think apply to the facts posted, (b) improved ability to do research into the laws of the poster's state or country and (c) improved ability to ask questions of the poster's attorney

.

My answers have no value as, and must not be relied on as legal advice

.

Las Vegas Nevada Arrest Warrant

Las Vegas Nevada Lawyer Howard Roitman:Injury Law 

 

 

| Tel: (702) 631-5650 | Fax: (702) 631-5603

 

 

 

 

Howard R. Roitman, has been practicing law for 22 years. Howard R. Roitman is one of the first attorneys to be recognized by the State Bar of Nevada as a Certified Specialist in Estate Planning. He is a member of the Bar in Nevada, California, New York, and the District of Columbia. He is a graduate of Georgetown University Law Center (JD in 1984 and LL.M in taxation in 1985), and the Harvard Law School Mediation Program . He is a Certified Financial Planner (CFP®), Charted Life Underwriter (CLU), and a Chartered Financial Consultant (ChFC).

 

Howard Roitman serves as, A Settlement Judge at for Nevada Supreme Court; as a Short Trial Judge; Mediator and at The American Arbitration Association; is a member of the Chartered Institute of Arbitrators; is a Mediator for the Financial Industry Regulatory Authority, A member of the Construction Specifications Institute and a Board member of the Nevada and Federal Bar Associations ADR Committees. Howard Roitman has been practicing personal injury for over 15 years has settled hundreds of cases and has been the principle lawyer in hundreds of filled lawsuits on behalf of injury victims.

Disclaimer:  Information contained on these pages is intended for general information purposes only; it is not intended, nor should it be construed nor interpreted, as legal advice.

Check Status of Warrants

                    

If you believe you may have a warrant, you may:

• Contact the Las Vegas Municipal Court for information and assistance at (702) 229-2067 or (800) 654-6856 if out of state.
• Go to any court counter location during business hours with valid State or Government issued picture identification:
  
  • State Driver’s License 
  • State-issued Identification Card
  • Military Identification Card
  • Military Dependent Identification Card
  • Clark County-issued Work Card
  • United States or foreign passport
• Contact an attorney licensed to practice law in Nevada to represent you.

You may be required to post bail.  In most instances, you may avoid arrest by posting bail to satisfy your warrant.

Warrant Tip Line

If you know someone with active warrants out of the Las Vegas Municipal Court who currently resides in the Las Vegas metropolitan area, you can contact the Las Vegas Marshal's Office by e-mail or by calling (702) 229-2422. All tips will be kept strictly confidential.

                           

NRS 199.335 Failure to appear after admission to bail or release without bail. 

      1.  If a person:

      (a) Is admitted to bail, whether provided by deposit or surety, or released without bail;

      (b) Is not recommitted to custody; and

      (c) Fails to appear at the time and place required by the order admitting him to bail or releasing him without bail, or any modification thereof,

Ê the person is guilty of failing to appear and shall be punished pursuant to the provisions of this section, unless the person surrenders himself not later than 30 days after the date on which the person was required to appear.

      2.  If a person who fails to appear in violation of subsection 1 was admitted to bail or released without bail incident to prosecution for:

      (a) One or more felonies, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) One or more gross misdemeanors but no felonies, the person is guilty of:

             (1) A gross misdemeanor; or

             (2) If the person left this State with the intent to avoid prosecution, a category D felony and shall be punished as provided in NRS 193.130.

      (c) One or more misdemeanors but no felonies or gross misdemeanors, the person is guilty of:

             (1) A misdemeanor; or

             (2) If the person left this State with the intent to avoid prosecution, a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1967, 1470; A 1979, 1423; 1995, 1178; 1999, 1848)

      NRS 199.340 Criminal contempt. Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:

      1.  Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;

      2.  Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause or upon an inquest or other proceeding authorized by law;

      3.  Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee;

      4.  Willful disobedience to the lawful process or mandate of a court;

      5.  Resistance, willfully offered, to its lawful process or mandate;

      6.  Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory;

      7.  Publication of a false or grossly inaccurate report of its proceedings; or

      8.  Assuming to be an attorney or officer of a court or acting as such without authority.

      [1911 C&P § 103; RL § 6368; NCL § 10052]

CRIMINAL EXTRADITION (UNIFORM ACT)

NRS 179.177            Short title.

NRS 179.179            Definitions.

NRS 179.181            Fugitives from justice; duty of Governor.

NRS 179.183            Form of demand.

NRS 179.185            Governor may investigate case.

NRS 179.187            Extradition of persons imprisoned or awaiting trial in another state or who have left demanding state under compulsion.

NRS 179.189            Extradition of persons not present in demanding state at time of commission of crime.

NRS 179.191            Governor’s warrant of arrest.

NRS 179.193            Manner and place of execution.

NRS 179.195            Authority of arresting officer.

NRS 179.197            Rights of accused person; application for writ of habeas corpus.

NRS 179.199            Penalty for noncompliance with NRS 179.197.

NRS 179.201            Confinement in jail or detention facility when necessary.

NRS 179.203            Arrest before requisition.

NRS 179.205            Arrest without warrant.

NRS 179.207            Commitment to await requisition; bail.

NRS 179.209            Bail: In what cases; conditions of bond.

NRS 179.211            Extension of time of commitment; adjournment.

NRS 179.213            Forfeiture of bail.

NRS 179.215            Persons under criminal prosecution in this State at time of requisition.

NRS 179.217            Guilt or innocence of accused: When inquired into.

NRS 179.219            Governor may recall warrant or issue alias.

NRS 179.221            Fugitives from this State; duty of Governor.

NRS 179.223            Application for issuance of requisition: By whom made; contents.

NRS 179.225            Costs and expenses.

NRS 179.227            Immunity from service of process in certain civil actions.

NRS 179.229            Written waiver of extradition proceedings.

NRS 179.231            Nonwaiver by this State.

NRS 179.233            No right of asylum; no immunity from other criminal prosecutions while in this State.

NRS 179.235            Interpretation.

Writ

From Wikipedia, the free encyclopedia

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This article may require cleanup to meet Wikipedia's quality standards. Please improve this article if you can. (March 2007)

This article or section includes a list of references or external links, but its sources remain unclear because it lacks inline citations. You can improve this article by introducing more precise citations where appropriate. (March 2007)

For other uses, see Writ (disambiguation).

In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this public body is normally a court. Warrants, prerogative writs, and subpoenas are types of writs, but there are many others.

Contents [hide] 1 English law 1.1 History 2 Dropping the writ 3 United States law 3.1 Prerogative writs 4 Indian law 5 References

[edit] English law

[edit] History

This section does not cite any references or sources. Please help improve this section by adding citations to reliable sources. Unverifiable material may be challenged and removed. (September 2008)

In origin a writ was a letter, or command, from the King, or from some person exercising franchise jurisdiction. Early writs were usually written in Latin and royal writs were sealed with the Great Seal. At a very early stage in the English common law, a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine, had their own system of writs that often reflected or anticipated the common law writs. The writ would act as a command that the case be brought before the court issuing the writ, or it might command some other act on the part of the recipient.

Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ. Actions in local courts could usually be started by an informal complaint, which may not necessarily need to be written down.

However if a plaintiff wished to avail themselves of Royal -- and by implication superior -- justice in one of the King's courts, then they would need a writ, a command of the King, to enable them to do this. Initially for common law, recourse to the King's courts was unusual, and something for which a plaintiff would have to pay.

For Royal Courts, the writ would usually have been purchased from the Chancery, although the court of the Exchequer, being in essence another government department, was able to issue its own writs.

While originally writs were exceptional, or at least non-routine devices, Maitland suggests that by the time of Henry II, the use of writs had become a regular part of the system of royal justice in England.

At first, new writs could be drafted to fit new situations, although in practice the clerks of the Chancery would re-use old forms, and there were many books which were collections of forms of writ, much as in modern times lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a legal document each time they wish to create one.

The problem with this approach was that the ability to create new writs amounted to the ability to create new forms of action. A plaintiff's rights (and by implication those of a defendant) would be defined by the writs available to them: the ability to create new writs was close to the ability to create new rights, a form of legislation.

There was increasing opposition to the creation of new writs by the Chancery. For example, in 1256, a court was asked to quash a writ as "novel, unheard of, and against reason" (Abbot of Lilleshall v Harcourt (1256) 96 SS xxix 44).

This resulted in the Provisions of Oxford 1258, which prohibited the creation of new forms of writ without the sanction of the King's council. New writs were created after that time, but only by the express sanction of Parliament and the forms of writ remained essentially static. Each writ defining a particular form of action.

With the abolition of the Forms of Action in 1832 and 1833, there no longer needed to be a variety of writs, and one uniform of writ came to be used. After 1852, the need to state the name of the form of action was also abolished. In 1875, the form of writ was altered so that it conformed more to the subpoena that had been in use in the Chancery. A writ was a summons from the Crown, to the parties in the action, with on its back the substance of the action set out, together with a 'prayer', which requested a remedy from the court (for example damages).

In 1980, the need for writs to be written in the name of the Crown was ended, from that date a writ simply required the parties to appear.

Writs applied to claims that were to be issued in one of the courts that eventually formed a part of the High Court of Justice. The procedure in a County Court, which was a creature of statute, was to issue a 'summons'.

In 1999 the Woolf Reforms unified most of the procedure of the Supreme Court and the County Court in civil matters. These reforms ushered in the Civil Procedure Rules. Under these almost all civil actions (other than those connected with insolvency) are now begun by the completion of a 'Claim Form' as opposed to a 'Writ', 'Originating Application', or 'Summons': see Rules 7 and 8 of the Civil Procedure Rules.

[edit] Dropping the writ

In some Westminster, and some other parliamentary systems, the phrase 'dropping the writ' refers to the dissolution of government and the beginning of an election campaign to form a new House. This phrase derives from the fact that in order to hold an election in a parliamentary system the government must issue a writ of election.

[edit] United States law

Early law of the United States inherited the traditional English writ system, in the sense of a rigid set of forms of relief that the law courts were authorized to grant. The All Writs Act (28 U.S.C. § 1651) authorizes United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." However, the Federal Rules of Civil Procedure, adopted in 1938 to govern civil procedure in the United States district courts, provide that there is only one form of action in civil cases, and explicitly abolish certain writs by name. Relief formerly available by a writ is now normally available by a lawsuit (civil action) or a motion in a pending civil action. Nonetheless, a few writs have escaped abolition and remain in current use in the U.S. federal courts:

• The writ of habeas corpus, usually used to test the legality of a prisoner's detention, has expressly been preserved. In the United States federal courts, the writ is most often used to review the constitutionality of criminal convictions rendered by state courts.
• By statute, the Supreme Court of the United States uses the writ of certiorari to review cases from the United States courts of appeals or from the state courts.
• In extraordinary circumstances, the United States court of appeals can use the common-law writ of prohibition under the All Writs Act to control proceedings in the district courts.
• Some courts have held that in rare circumstances in a federal criminal case, a United States district court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.
• The United States district courts normally follow state-court practice with respect to certain provisional remedies and procedures for enforcement of civil judgments, which may include writs of attachment and execution, among others.

Certain other writs are available in theory in the United States federal courts but are almost never used in practice. In modern times, the All Writs Act is most commonly used as authority for federal courts to issue injunctions to protect their jurisdiction or effectuate their judgments.

The situation in the courts of the various U.S. states varies from state to state but is often similar to that in the federal courts. Some states continue to use writ procedures, such as quo warranto, that have been abolished as a procedural matter in federal courts.

In an attempt to purge Latin from the language of the law, California law has for many years used the term writ of mandate in place of writ of mandamus, and writ of review in place of writ of certiorari. Early efforts to replace writ of habeas corpus with writ of have the body never caught on.

Other writs you may see:

• Writ of Bodily Attachment: A writ commanding law enforcement to physically bring in a person in contempt of court. Evidently, you cannot get out of this writ just by paying the fine, the court can hold you up to 48 hours to meet with the person issuing the writ directly.

[edit] Prerogative writs

The "prerogative" writs are a subset of the class of writs, those that are to be heard ahead of any other cases on a court's docket except other such writs. The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari.

The due process for petitions for such writs is not simply civil or criminal, because they incorporate the presumption of nonauthority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party. In this they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be an issue of standing.

[edit] Indian law

Under Indian Legal System jurisdiction to issue 'prerogative writs' is given to Supreme Court and High Courts of Judicature of all Indian states. Law relating to the writ jurisdiction is provided in the Constitution of India. Supreme Court of India, which is the apex court in the country, can issue writ under Article 32 of the Constitution. While for High Courts, which are the apex court in any state, can issue writ under Article 226 and 227 of the Constitution of India. 'Writ' is eminently designed by the makers of the Constitution, and in the same way it is developed very widely and efficiently by the courts in India. Constitution of India broadly provides for five kinds of 'prerogative writs', namely, Habeas Corpus, Certiorari, Mandamus, Quo Warranto and Prohibition. Basic details of which are as follows:

• The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. In doing so, the higher court seeks a transfer of the case to itself
• The writ of habeas corpus means 'let us have the body'. It is a writ issued to a detaining authority to produce the detained person in court to know cause for detention. If the detention is found to be illegal, the court issues an order to set the person free.
• The writ of certiorari is one of the writs issued by the High Court or the Supreme court to protect the Fundamental rights of the citizens. It is issued to a lower court directing it that the record of a case be sent up for review with all the files, evidence and documents with an aim to overrule the judgement of the lower court.
• The writ of mandamus is an order of a court of law issued to a subordinate court or an officer of government or a corporation or any other institution commanding the performance of certain acts or duties.
• The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

[edit] References

• Maitland F. W. The Forms of Action at Common Law. Cambridge University Press 1962.
• Baker, J. H. An Introduction to English Legal History. Butterworths 1990. ISBN 0-406-53101-3
• Milsom, S. F. C. Historical Foundations of the Common Law (second edition). Butterworths 1981. ISBN 0-406-62503-4

Retrieved from "http://en.wikipedia.org/wiki/Writ"

Categories: Legal history | Legal terms | Writs

Hidden categories: Cleanup from March 2007 | All pages needing cleanup | Articles lacking in-text citations | Articles needing additional references from September 2008

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Arrest warrant

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This article or section deals primarily with North America and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.

Contents [hide] 1 Arrest warrants in Canada 2 Arrest warrants in the United Kingdom 3 Arrest warrants in the United States 4 Mittimus 5 Bench warrant 6 See also 7 References

[edit] Arrest warrants in Canada

Arrest warrants are issued by a judge or justice of the peace under section 83.29 of the Criminal Code of Canada. The judge must be satisfied that the person named in the warrant is (a) is evading service of the order, is about to abscond, or did not attend the examination, or did not remain in attendance, as required by the order.

Once the warrant has been issued section 29 of the Code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested.

[edit] Arrest warrants in the United Kingdom

The issue of Arrest Warrants in the United Kingdom is governed by section 1 of the Magistrates' Courts Act 1980. A warrant may only be issued by a Justice of the Peace based upon evidence in writing and sustained under oath and for adults if the suspected offence is either indictable or punishable by imprisonment; or the address of the suspected offender cannot be ascertained in order that he may be issued with a summons.^[1]

[edit] Arrest warrants in the United States

Warrants are typically issued by courts but can also be issued by one of the chambers of the United States Congress or other legislatures (via the call of the house motion) and other political entities.

In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that:

1. a specific crime has been committed, and
2. the person(s) named in the warrant committed said crime.

Hence, the form and content of an arrest warrant may be similar to the following:

Municipal Court, Springfield Judicial District

To any peace officer of the realm: Complaint upon oath having been brought before me that the crime of larceny has been committed, and accusing Nelson Muntz of the same, you are hereby commanded forthwith to arrest and bring that person before me. Bail may be admitted in the sum of $1,000.00. Dated: 15 May 1997. /s/ Bill Wright, presiding judge.

In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.

A bench warrant, sometimes also called a "writ of capias" or "capias," is a variant of the arrest warrant. A bench warrant usually commands the arrest of someone for failing to show for a required court appearance.

[edit] Mittimus

A mittimus is a writ issued by a court or magistrate, directing the sheriff or other executive officer to convey the person named in the writ to a prison or jail, and directing the jailor to receive and imprison the person.

An example of the usage of this word is as follows: "... Thomas Fraser, Gregor Van Iveren and John Schaver having some time since been Confirmed by the Committee of the County of Albany for being Persons disaffected to the Cause of America and whose going at large may be dangerous to the State, Ordered Thereupon that a Mittimus be made out to keep them confined till such time as they be discharged by the Board or any other three of the Commissioners." Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions,1778-1781. (Albany, New York: 1909) Vol. 1, Page 90

[edit] Bench warrant

A bench warrant is a variant of an arrest warrant, which authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of court – possibly as a result of that person's failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal or civil court proceedings.

Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person was on bail awaiting criminal trial when the non-appearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is re-arrested, but normally the suspect is held in custody without bail. If a person is found to have a bench warrant against him or her when stopped by a law enforcement officer, the person is immediately taken into custody by authorities, rejailed and a hearing is held at which time new bail amount and conditions are set and a new court appearance date is scheduled. Often, if a person is arrested on a bench warrant, that person is held without bail until he or she can appear in court for whatever incident it was that he or she failed to appear to address originally. Such a person is referred to as a "flight risk", meaning that there is a high likelihood that he or she will flee and not appear for the assigned court date (for a second time).

Bench warrants are traditionally issued by sitting judges or magistrates.

[edit] See also

• Outstanding arrest warrant

[edit] References

1. ^ Section 1 of the Magistrates' Courts Act 1980 as amended and in force today retrieved from the Statute Law Database

• Criminal Justice: A Brief Introduction by Frank Schmalleger (2002)

Retrieved from "http://en.wikipedia.org/wiki/Arrest_warrant"

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warranty

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[hide]

Warranty

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The examples and perspective in this article or section may not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (October 2007)

In commercial and consumer transactions, a warranty is an obligation or guarantee that an article or service sold is as factually stated or legally implied by the seller, and that often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty. A breach of warranty occurs when the promise is broken, i.e., a product is defective or not as should be expected by a reasonable buyer.

In business and legal transactions, a warranty is an assurance by one party to the other party that certain facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.

In real estate transactions, warranty deed is a promise that the buyer's title to a parcel of land will be defended.

A warranty may be express or implied.

Contents [hide] 1 Express warranty 1.1 Warranty implementation 2 Implied warranty 3 Lifetime warranty 4 Breach of warranty 5 Extended warranty 6 Legal aspects of warranties and disclaimers 7 "Representations and Warranties" 8 Car warranty 9 Home Warranty 10 See also 11 References 12 External links

[edit] Express warranty

An express warranty is quite usually a standard guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that are sold. For example, an automobile repair shop may guarantee its repair for a period of 90 days.

An express warranty can be made orally, in writing and without the intent of the seller to actually create the warranty. In the United States, a seller is allowed to assert statements of opinion of value, known as puffery, that the buyer cannot justly rely on as part of the basis for the bargain. For instance, "This hunting knife is the best knife in the world" is mere puffery, whereas a statement such as "This hunting knife will never need to be sharpened" can be construed to be an express warranty as long as the knife is only used for its intended purpose. In certain other countries (e.g. the UK, Canada, and Taiwan), consumer protection laws exist to prevent advertisers making untrue or unprovable statements.

The misuse of a famous trademark may also create an express warranty, the violation of which is called "passing off"; the source and quality of the goods is misrepresented.

[edit] Warranty implementation

Many products come with a warranty promising repair or replacement for months or years or life. In theory, one can return a product to the "dealer" for repair, but most stores that sell such products—and even the manufacturers—lack repair facilities. Car dealers have repair shops, which is one of the main reasons many people buy new cars; computer dealers and consumer-electronics dealers had such shops into the 1990's, but most of these have disappeared. In practice, a product that fails within a month can be exchanged for a new one under the store's guarantee; or a product that fails after the store guarantee expires but before the manufacturer's expires can be exchanged by the manufacturer — the store guarantee and the manufacturer's warranty are mutually exclusive. If it fails after the warranty expires, one is expected to throw it away and buy a new one, from the same company. There used to be repair shops that offered warranty service for small electric devices—such as electric razors or even lamps and toasters; but in the 1980's, most became mail-forwarding services that sent warrantied products to manufacturers for replacement; and most disappeared in the 1990's. It is possible that repair shops still exist, but this is not likely.^{[citation needed]}

There are exceptions: some companies—notably Toshiba—actually repair products under warranty. Thomas Friedman tells how Toshiba worked out an arrangement with UPS to handle warranty work: a customer, who had originally ordered a computer directly from the Toshiba Website, can ship a malfunctioning computer to Toshiba via UPS. In fact, it never reaches Toshiba. Instead UPS maintains its own Toshiba-computer repair shops. When UPS picks up the user's computer, it ships it to the UPS shop, where it is repaired, tested, and returned to the user within a specified timeframe. In general, the user's software and data are preserved. ^[1]

[edit] Implied warranty

Main article: implied warranty

An implied warranty is one that arises from the nature of the transaction, and the inherent understanding by the buyer, rather than from the express representations of the seller.

The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusetts consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers etc.

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.

Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). This theoretically saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller can be found and makes restitution.

[edit] Lifetime warranty

A lifetime warranty is usually a guarantee on the lifetime of the product on the market rather than the lifetime of the consumer (the exact meaning should be defined in the actual warranty documentation). Once a product has been discontinued and is no longer available, the warranty will only last a limited period longer. For example, the Cisco Limited Lifetime Warranty currently lasts for five years after the product has been discontinued.^[2]

[edit] Breach of warranty

A warranty is violated when the promise is broken; when goods are not as should be expected, at the time the sale occurs, whether or not the defect is apparent. The seller should honor the warranty by making a timely refund, repair, or replacement. The sale starts the time under the statute of limitations for starting a court complaint for breach of warranty if the seller refuses to honor the warranty. This period is often overlooked where there is an "extended warranty" in which a seller or manufacturer contracts to provide the additional service of replacing or repairing goods that fail within the extended period. However, if the goods were defective at the time of sale, and the relevant statute of limitations has not expired, then existence or duration of any "extended warranty" is secondary: there was a breach of a primary warranty for which the seller may be liable.

It could be an unfair and deceptive business practice (a statutory type of fraud) to attempt to avoid liability for breach of a primary warranty by claiming expiration of the irrelevant extended warranty. A statute of limitations on a contract claim may be shorter (or longer) than that of a tort claim, and some breach of warranty cases are filed late and are characterized as a fraud or other related tort.

For example, a consumer buys an item that was discovered to be broken or missing pieces before it was even taken out of the package. This is a defective product and can be returned to the seller for refund or replacement, regardless of what the seller's "returns policy" might state (with limited exceptions for second-hand or "as is" sales), even if the problem wasn't discovered until after the "extended warranty" expired. Similarly, if the product fails prematurely, it may have been defective when it was sold and could then be returned for a refund or replacement. If the seller dishonors the warranty, then a contract claim can be started in court.

See also product liability where liability for a defect causing a personal injury may go well beyond a warranty period, based upon negligent design or manufacture, or even strict liability.

[edit] Extended warranty

In retail business, a warranty (or "extended warranty") commonly refers to a guarantee of the reliability of a product under conditions of ordinary use. It is called "extended" warranty because it covers defects that could arise some time after the date of sale. Should the product malfunction within a stipulated amount of time after the purchase, the manufacturer or distributor is typically required to provide the customer with a replacement, repair, or refund. Such warranties usually do not cover "acts of God", owner abuse, malicious destruction, commercial use, or anything, for that matter, outside of a mechanical failure incurred with normal personal usage. Most warranties exclude parts that normally wear out, and supplies that must be periodically replaced as they are normally used up (e.g., tires and lubrication on a vehicle). An extended warranty may be included in the purchase price, or optionally extended for an additional fee, and may be for some ambiguous ordinary "lifetime" of the product (not the customer).

A manufacturer or distributor may be required to carry reserve funds on its financial balance sheet to cover potential services or refunds that may arise for any products still covered "under warranty".

There are also third-party warranty providers who sell optional "extended warranty" contracts on certain products, which amount to having an insurance contract for the product. These third parties range from well known store chains, such as Best Buy and Circuit City to independent, often underwriting companies. As with other types of insurance, the companies are gambling that the products will be reliable, that the warranty will be forgotten or voided, or that any claims made can be handled inexpensively. Other companies provide their own support such as JTF Business Systems; these companies will remove the defective part and send it back to the manufacturer for reimburssment.

Many people do not realize that extended warranties are not usually provided through the manufacturer, but in some circumstances it may work to the consumer's benefit. For instance, when an auto warranty is provided through a car dealership, it's usually a sub-contracted (retailed) warranty, where repairs to the vehicle are negotiated to a lower rate, often compromising service and parts. Many times these warranties require out-of-pocket payments while reimbursements are arranged through dealership/warranty claims offices. Some mechanics might defer the needed repair until the dealership's warranty has expired so that the ordinary (higher) shop rate will apply.

The third party warranty, while often sometimes sold at wholesale rates or similar in cost, can be worth any price difference because it will cover the higher shop rate as well, and may even permit the customer to select a different mechanic outside the dealership. Often known as an insured warranty, respected companies like Interstate Dealer Services and Access Warranty can cover OEM and manufacturer parts at a nationwide radius, while lesser warranties extended through dealerships may limit where and when you can use your warranty service. These types of warranties often pay for the cost of repair, labor rates and parts used, before the vehicle has been serviced (up-front), leaving the owner with just a low co-payment or deductible upon receiving the repaired vehicle.

[edit] Legal aspects of warranties and disclaimers

In the United States, the rights and remedies of buyers and sellers of goods are governed by the Article 2 of Uniform Commercial Code (UCC) as it has been adopted with variations from state to state. The UCC governs both express and implied warranties. It also covers the extent to which sellers may disclaim certain types of warranties (e.g., warranty of merchantability or fitness for a particular purpose, or even disclaim all warranties in the case of goods sold "as is."

Whereas in the U.S. warranties are generally provided in writing subject to control of the laws, in other countries warranties may be governed by specific statutes. For example, a country's law may provide that goods are assured by the seller for a period of 12 months and may provide other specific rights and remedies in the event of a product failure. However, even in the U.S. there are specific laws that may provide warranties or warranty-like assurances to buyers. For example, many states have statutory warranties on new home construction, and many have so-called "lemon laws" governing new motor vehicles with repeated defects.

[edit] "Representations and Warranties"

In complex commercial transactions, buyers and sellers may make specific representations and warranties to each other. In common parlance, these are known as "reps and warranties." These are statements by which one party gives certain assurances to the other, and on which the other party may rely. In this context, a representation is commonly a declaration of a specific fact that can be verified to be true or not, e.g., "seller represents that it is a corporation duly organized and validly existing under the laws of the state of Delaware." Here, a warranty may be more of an assurance, e.g. "supplier warrants that all of its employees working on this project will be subject to confidentiality agreements that include the ability of supplier to seek injunctive relief for breach." Often there are specific remedies or consequences specified if the representations and warranties are not accurate or are not fulfilled. For example, a seller may represent and warrant that is has full ownership title in the item being sold, and that there is no legal impediment to the seller proceeding with the transaction. Should it turn out that the seller did not have complete title or was subject to another agreement that restricted the sale, and should these facts impact the buyer's ownership or cause it expense, the buyer would have remedies under the agreement to seek relief from the seller. Parties to these transactions typically seek representations and warranties to cover issues over which they are concerned. Because of the consequences of making representations and warranties, parties will typically try to limit the extent of any that they make. The tension between these two points of view will help to shape the negotiations between the parties as to the terms and conditions of the deal.nm./

[edit] Car warranty

A car warranty extends from a minimal 1 year, more common 3 year and extended 5 years (Lexus offer a 4 year warranty, by default). Crate Engine manufacturers also give warranties based on the manufacturers' and workmanship warranties.

Some companies also offer extended warranties or used car warranties for vehicles up to 12 years old. One can usually buy a warranty from an insurance company or insurance coverholder. The term extended warranty is generally misleading. Non-manufacturer based warranties are technically called motor vehicle service agreements or service contracts. In states which license service contract companies, those companies are required to not sell them as warranties.

In the United States, Chrysler (and by association Dodge and Jeep) offer a lifetime powertrain warranty for as long as the original owner owns the vehicle (for vehicles purchased after July 26, 2007). The entire vehicle is covered only on the basic 3-year/36000-mile warranty. ^[3]

[edit] Home Warranty

Main article: Home warranty

A Home Warranty protects against the high costs of home and appliance repair by offering home warranty coverage for houses, town homes, condominiums, mobile homes, and new construction homes. When a problem occurs with a covered appliance or mechanical system such as an air conditioning unit or furnace, a service technician repairs or replaces it. The homeowner pays for a service call fee and the home warranty company pays the balance for the repair or replacement of the covered item.

[edit] See also

• Business law
• Consumer protection
• Due diligence representations and warranties
• Magnuson-Moss Warranty Act (USA) protection for voided warranties or denied claims based on modifications of the warranted object
• Surety (guarantee)
• Warranty deed in land transactions

[edit] References

1. ^ The World is Flat: A Brief History Of The Twenty-first Century. Friedman, Thomas, Farrar, Straus, Reese, and Giroux, 2005.
2. ^ "Cisco Limited Lifetime Hardware Warranty Terms". Retrieved on 2008-09-10.
3. ^ New Chrysler Lifetime Powertrain Limited Warranty FAQ

Car warranty

[edit] External links

• (USA) Federal Trade Commission: Warranty Information

Retrieved from "http://en.wikipedia.org/wiki/Warranty"

Categories: Contract law

Hidden categories: Articles with limited geographic scope | Articles needing additional references from October 2007 | All articles with unsourced statements | Articles with unsourced statements since October 2007

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