The Warrandices Implied in the Sale of a Claim to Payment

Chathuni Jayathilaka

The Warrandices Implied in the Sale of a Claim to Payment

Chathuni Jayathilaka

University of Bristol Law School

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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 language	English
Pages (from-to)	105-116
Number of pages	11
Journal	Juridical Review
Volume	2016
Issue number	2
Publication status	Published - 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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This is the author accepted manuscript (AAM). The final published version (version of record) is available online via Sweet and Maxwell at http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=475&productid=7122. Please refer to any applicable terms of use of the publisher.
Accepted author manuscript, 83.2 KBLicence: CC BY-NC

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Dr Chathuni Jayathilaka
- chathuni.jayathilakabristol.acuk
- University of Bristol Law School - Lecturer in Law
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title = "The Warrandices Implied in the Sale of a Claim to Payment",

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.",

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AB - 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.

KW - Warrandice

KW - Contract of Sale

KW - Warranty of Title

KW - Warranty of Quality

KW - Sale of a Debt

KW - Warrandice Debitum Subesse

KW - Scots Law

M3 - Article (Academic Journal)

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VL - 2016

SP - 105

EP - 116

JO - Juridical Review

JF - Juridical Review

IS - 2

ER -

The Warrandices Implied in the Sale of a Claim to Payment

Abstract

Bibliographical note

Keywords

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Dr Chathuni Jayathilaka

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