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- Collateral_warranty abstract "The term “collateral warranty” finds its roots in property law. In 1839 Francis Hilliard wrote: “A collateral warranty is where the heir neither does nor could derive his title to the land from the warrantor; and yet is both de-barred from claiming title and bound to recompense in case of eviction.”. The concept of collateral warranty was sometimes regarded as “[…] the most unjust, oppressive, and indefensible in the whole range of common law.”.The meaning is different when considering the actual and most common use of the term. Today a collateral warranty generally defines an agreement ancillary to another principal contract and/or a letter of appointment. For the benefice of a third party, it imposes an extended duty of care and a broader liability on two separate parties involved in a contract. Collateral warranties may be provided by designers, building contractors and specialist sub-contractors. The need for collateral warranties exists when the party that commissions a building will not carry the burden in the event of defects.For instance, when an architect is appointed to design a group of dwellings for a developer. If the developer intends to sell the building to a housing association, due to privity of contract the architect would normally only be contractually liable to the developer should defects arise. The collateral warranty establishes a contractual relationship between the housing association and the architect against defect.".
- Collateral_warranty wikiPageID "4493129".
- Collateral_warranty wikiPageLength "2115".
- Collateral_warranty wikiPageOutDegree "14".
- Collateral_warranty wikiPageRevisionID "664387841".
- Collateral_warranty wikiPageWikiLink Category:Contract_law.
- Collateral_warranty wikiPageWikiLink Category:Irish_law.
- Collateral_warranty wikiPageWikiLink Category:Law_in_the_United_Kingdom.
- Collateral_warranty wikiPageWikiLink Category:Property_law.
- Collateral_warranty wikiPageWikiLink Category:United_States_law.
- Collateral_warranty wikiPageWikiLink Contract.
- Collateral_warranty wikiPageWikiLink Designer.
- Collateral_warranty wikiPageWikiLink Duty_of_care.
- Collateral_warranty wikiPageWikiLink General_contractor.
- Collateral_warranty wikiPageWikiLink Housing_association.
- Collateral_warranty wikiPageWikiLink Privity_of_contract.
- Collateral_warranty wikiPageWikiLink Property_law.
- Collateral_warranty wikiPageWikiLink Public_liability.
- Collateral_warranty wikiPageWikiLink Subcontractor.
- Collateral_warranty wikiPageWikiLinkText "Collateral warranty".
- Collateral_warranty wikiPageUsesTemplate Template:Law-stub.
- Collateral_warranty wikiPageUsesTemplate Template:Refimprove.
- Collateral_warranty wikiPageUsesTemplate Template:Reflist.
- Collateral_warranty subject Category:Contract_law.
- Collateral_warranty subject Category:Irish_law.
- Collateral_warranty subject Category:Law_in_the_United_Kingdom.
- Collateral_warranty subject Category:Property_law.
- Collateral_warranty subject Category:United_States_law.
- Collateral_warranty type Redirect.
- Collateral_warranty comment "The term “collateral warranty” finds its roots in property law. In 1839 Francis Hilliard wrote: “A collateral warranty is where the heir neither does nor could derive his title to the land from the warrantor; and yet is both de-barred from claiming title and bound to recompense in case of eviction.”.".
- Collateral_warranty label "Collateral warranty".
- Collateral_warranty sameAs Q5145999.
- Collateral_warranty sameAs m.0c5d__.
- Collateral_warranty sameAs Q5145999.
- Collateral_warranty wasDerivedFrom Collateral_warranty?oldid=664387841.
- Collateral_warranty isPrimaryTopicOf Collateral_warranty.