The Warrandices Implied in the Sale of a Claim to Payment
Date
2016
Authors
Advisors
Journal Title
Journal ISSN
ISSN
DOI
Volume Title
Publisher
Juridical Review
Type
Article
Peer reviewed
Yes
Abstract
This paper examines the content and scope of the guarantees of title and quality implied the sale of a claim to payment in Scots law, with occasional references to comparative perspectives for 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.
Description
The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.
Keywords
Sale, Scots Law, Claims to Payment, Implied Warranties, Warrandice debitum subesse
Citation
Jayathilaka, C. (2016) The Warrandices Implied in the Sale of a Claim to Payment. Juridical Review pp. 105.