breach of warranty 违反担保 １在英格兰法中，与违反合同条件〔breach of condition〕相对，指违反合同的担保条款，即合同一方当事人的行为未能达到合同担保条款所规定的标准，该项担保条款可以是普通法的或制定法的，也可以是明示的或默示的。合同的担保条款不具有合同的根本特征，故对于违反担保条款可以向法院起诉，但不得以此宣布合同终止；２根据美国《统一商法典》〔U.C.C.〕，它是指违反就货物的所有权、品质、数量等所作的明示或默示的担保，可对之提起合同之诉；３在不动产法或保险法上，指错误或虚假地作出肯定性允诺或陈述，或对应由其履行的规定未予履行。
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breach of warranty. 1. A breach of an express or implied warranty relating to the title, quality, content, or condition of goods sold. UCC § 2-312. [Cases: Sales 284. C.J.S. Sales § 251.] 2. Insurance. WARRANTY(3).
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breach of warranty endorsement 违反保证批单 指由于被保险人的非法行为造成保单无效时保险标的的抵押权人或出租人的权益仍受保
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A covenant by which the grantor agrees to defend the grantee against any lawful or rea-sonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. • This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. The covenant is not breached
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breach, n. A violation or infraction of a law or obligation (breach of warranty) (breach of duty). — breach, vb.
warranty clause. 1. A contractual clause containing a warranty. 2. Oil & gas. A provision in an oil-and-gas lease by which the lessor guarantees that title is without defect and agrees to defend it. • If the warranty is breached, the lessor may be held liable to the lessee to the extent that the lessor
breach of condition 违反合同条件 指不履行合同的根本性条款，其在效果上相当于拒绝履行合同，故对方当事人以此可终止合同并要求赔偿损失。(→breach of warranty)
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government-contractor defense. An affirmative defense that immunizes a government contractor from civil liability under state law when the contractor complies with government specifications. • Immunization is extended when two conditions are satisfied: (1) the supplier warned the government about any dangers presented by the goods about which the supplier had knowledge but the government did
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Hadley v. Baxendale rule. Contracts. The principle that consequential damages will be awarded for breach of contract only if it was foreseeable at the time of contracting that this type of damage would result from the breach. Hadley v. Baxendale, 9 Exch. 341 (1854). • Hadley v. Baxendale is best known for its impact on
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eviction. The act or process of legally dispossessing a person of land or rental property. See FORCIBLE ENTRY AND DETAINER. Cf. EJECTMENT. [Cases: Forcible Entry and Detainer 6; Landlord and Tenant 287.] actual eviction. A physical expulsion of a person from land or rental property. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant §