implied conditions or implied warranties. This is because each country (a country as defined by international civil law) has its own system of contract law with its own set of rules. Said rules are largely standardised; i.e., the concepts of offer, acceptance, consideration, capacity to contract and intention to create legal relations. Those are the five elements to create a legally binding contract in the United States (all 50 states), England and Wales, Scotland and Northern Ireland, each of the seven states of Australia, and all other common law countries. Countries with civil law systems, however, recognise legally binding contracts which are not supported by consideration. United States In the United States, various laws apply, including provisions in the Uniform Commercial Code which provide for implied warranties. However, these implied warranties were often limited by disclaimers. In 1975 the Magnuson–Moss Warranty Act was passed to strengthen warranties on consumer goods. Among other things, under the law implied warranties cannot be disclaimed if an express warranty is offered, and attorney fees may be recovered. In some states, statutory warranties are required on new home construction, and "lemon laws" apply to motor vehicles. Article 2 of the Uniform Commercial Code, which has been adopted with variations in each state, provides that the following two warranties are implied unless they are explicitly disclaimed (such as an "as is" statement): The warranty of merchantability is implied unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations. For example, a fruit that looks and smells good but has hidden defects may violate the warranty if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In most states, products inherently come with implied warranty of merchantability; however, in states like Massachusetts under consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers. (Massachusetts General Laws, Chapter 106: Section 2-316A) The warranty of fitness for a particular purpose is implied unless disclaimed when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide tires for use on snowy roads and receives tires that are unsafe to use in snow. Defects In Materials and