Valid imposition of the law for modern society

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Reference no: EM131672217

There has long been a bed-rock right in the common law to sell or lease personal property “as is”, that is to say absolutely and completely without warranty of any kind. Nonetheless, the common law has never seen fit to apply the same principle to the sale or lease of real property, especially residential real property. In every contract lease for residential real property, there exists an imposed and implied Warranty of Habitability, even where the parties have not specifically contracted for such. Is this an unwarranted limitation of contract law or is this a valid imposition of the law for a modern society?

Reference no: EM131672217

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