The Warrandices Implied in the Sale of a Claim to Payment

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Abstract

This paper examines the content and scope of the implied guarantees of title and quality in the sale of a claim to payment in Scots law, with occasional references to comparative perspectives from French and German law. The paper argues that the rule that the debtor's solvency is not impliedly guaranteed should not be read as a more general prohibition on the implied warranty of quality.
Original languageEnglish
Pages (from-to)105-116
Number of pages11
JournalJuridical Review
Volume2016
Issue number2
Publication statusPublished - 1 Jul 2016

Bibliographical note

Article accepted 24 Sept 2015.

Keywords

  • Warrandice
  • Contract of Sale
  • Warranty of Title
  • Warranty of Quality
  • Sale of a Debt
  • Warrandice Debitum Subesse
  • Scots Law

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