* Collateral Contracts ( between the third party and one of the contracting parties )

Collateral estoppel does not prevent an appeal of a decision, or a party from asking the judge for re-argument or a revised decision.

Collateral estoppel cases raise constitutional due process problems, particularly when it is applied to a party that did not participate in the original suit.

**# Could the party trying to assert Collateral Estoppel have intervened in the earlier suit?

The last of them closed in the 1990s ; the Orpheum Theatre recently underwent a complete restoration at a cost of several million dollars, and is now used for major movie premieres ( such as " Collateral " in 2005 ), celebrity events ( Michael Jackson's birthday party ), comedy shows ( Kathy Griffin ), fashion shows, concerts and plays.

Collateral is a 2004 American crime thriller film starring Tom Cruise and Jamie Foxx about a taxi driver who finds himself the hostage of a contract killer and attempts to save both himself and a victim.

* Collateral contract

Alternatively, they may provide the warranty service only from the manufacturer's subsidiary in the intended country of import, not the diverted third country where the grey goods are ultimately sold by the distributor or retailer.

An agent, as a general rule, is only entitled to indemnity from the principal if he or she has acted within the scope of her actual authority, and may be in breach of contract, and liable to a third party for breach of the implied warranty of authority.

Where the principal is not bound because the agent has no actual or apparent authority, the purported agent is liable to the third party for breach of the implied warranty of authority.

In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen ; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.

A law suit by a party injured by a product, where the manufacturer failed to properly warn, is usually brought as a " negligence " action, but it could be filed as a " strict liability " claim or as a " breach of warranty of merchantability " case.

The parties hereby acknowledge and represent, by affixing their hands and seals hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.

The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party ’ s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party ’ s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.

Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.

Terms that may impact price include payment timing, warranty, volume discounts, duration of rights to use of the product, form of consideration, etc.

In enterprise and commercial software transactions these terms ( such as limitations of liability, warranties and warranty disclaimers, and indemnity if the software infringes intellectual property rights of others ) are often negotiated by attorneys specialized in software licensing.

Purchasing Agents typically attempt to decrease costs while meeting the Buyer's other requirements such as an on-time delivery, compliance to the commercial terms and conditions ( including the warranty, the transfer of risk, assignment, auditing rights, confidentiality, remedies, etc.

The rights inherent in patented land are carried from heir to heir, heir to assignee, or assignee to assignee and cannot be changed except by private contract ( warranty deed, quitclaim deed, etc .).

In September 2007, after a few years of declining business, Corbeil shut down operations, and Collins Bus Corporation purchased assets, including designs, naming rights, and warranty.

# shall cease and desist from failing to make warranty text available for examination prior to sale, failing to disclose what is not covered under any given warranty or the procedures needed to have warranty work accomplished and failing to disclose that certain states may give the consumer legal rights in addition to those provided by the warranty.

In this situation, the warranty does not involve a transfer of risk, but a recognition ( and crystallisation ) of an existing responsibility.

When the installation is carried out by a Toyota dealership the existing warranty remains intact.

Quentin Willson is a consultant to many organisations and companies including the car warranty company Warrantywise, where he designed the entire policy for the Padiham based car warranty company after complaining that existing car warranties weren't worth the paper they were printed on.

In catastrophe excess of loss, the cedant's retention is usually a multiple of the underlying policy limits, and the reinsurance contract usually contains a two risk warranty i. e. they are designed to protect the cedant against catastrophic events that involve more than one policy, usually very many policies ).

An extended warranty, sometimes called a service agreement, a service contract, or a maintenance agreement, is a prolonged warranty offered to consumers.

An extended auto warranty is a service contract between the owner of a vehicle and an auto warranty provider.

The regulatory structure requires licensure or registration of the warranty providers, financial solvency regulation, and service contract consumer disclosures.

A statute of limitations on a contract claim may be shorter ( or longer ) than that of a tort claim, and some breach of warranty cases are filed late and are characterized as a fraud or other related tort.

If the seller dishonors the warranty, then a contract claim can be started in court.

Third-party warranty providers offer optional " extended warranty " agreements for a multitude of products, considered a contract of insurance for that product.

This is because the warranty is a consequence of the contract of sale, under which the substance of the provider ’ s obligation is the sale of goods that meet the required ( often statutory ) quality standard, not the provision of insurance.

" That's because a federal court has agreed with Silicon Knights that it can go before a jury with its allegations of fraud, negligent misrepresentation, unfair competition, breach of contract, and breach of warranty against the Unreal Engine maker.

In a real estate contract, the type of deed to be used to convey the real estate may be specified, such as a warranty deed or a quitclaim deed.

The case filed in Delaware alleged breach of warranty, fraud, negligent misrepresentation, violation of the duty of good faith and fair dealing and breach of contract claims in connection with the acquisition.

The decision made it easier for diners to sue restaurants for breach of contract and implied warranty instead of the harder-to-prove negligence.

If the contract had a provision that made the assignment ineffective, the assignee could sue the assignor for breach of this implied warranty.

In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale.

In some jurisdictions, an implied warranty in a sales contract can be expressly disclaimed by the use of specific language, such as the words, " as is " or " with all faults ".

An implied warranty may be read into a contract for reasons of " business efficacy " and in order to maintain the presumed intention of the parties.

As enacted by the Misrepresentation Act, the statement in question may constitute a representation even if later incorporated into the contract as a term ( i. e. a warranty, condition or innominate term ).