Question
Hello! I need help with my transactions homework and it is related to warranties. I will include the warranty below. The warranty is about IP
Hello! I need help with my transactions homework and it is related to warranties. I will include the warranty below. The warranty is about IP and is assuring that there are no disputes going on regarding the business, however, that is a lie as there is a dispute happening, but the seller wants to hide this information from the buyer. My question is what would be the consequences of giving the warranty in its current form and whether the sellers can avoid any liability that may arise as a result of giving the warranty in its current form?
DISCLAIMER: As I am from the UK, I would really appreciate it if someone from the UK would reply as it would be easier for you to understand my jurisrdiction and it would be easier for you to reference anything you say, thank you!
WARRANTY:
8. Intellectual Property
8.1 The Intellectual Property Rights are valid, subsisting and enforceable, and nothing has been done or not been done as a result of which any of them has ceased or might cease to be valid, subsisting or enforceable. In particular there are and have been no claims, challenges, disputes or proceedings, pending or threatened, in relation to the ownership, validity or use of such rights.
8.2 There has been no infringement by any third party of any Intellectual Property Rights, nor any third party breach of confidence, passing off or actionable act of unfair competition in relation to the Business, and no such infringement, breach of confidence or passing off is current or anticipated.
Q. my question is what would be the consequences of giving the warranty in its current form and whether sellers can avoid any liability that may arise as a result of giving the warranty in its current form, as the warranty is untrue?
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