Implied Warranties
Both property and contract law deal with implied warranties that facilitate efficient transactions by guaranteeing a certain minimum standard for goods and services. For example, the Uniform Commercial Code and the Convention on the International Sale of Goods have implied warranties of fitness for a particular purpose, which require a supplier to deliver goods that meet a minimum standard of usefulness to the buyer for the stated purpose. Additionally, if a rented dwelling does not satisfy the implied warranty of habitability, a tenant may withhold rent, charge the landlord for necessary repairs, get clawback rent, and even obtain punitive damages awards. (Since finally discovering a condition that renders my apartment uninhabitable, I have been particularly interested in this warranty. As disgusting as my living situation is, I am gaining a new appreciation for how empowering it is to know the law.)
As my team and I draft a proposal that accommodates the conflicting preferences of both the funder and the community that stands to benefit from the grant, I am realizing that IBJ upholds a commendably rigorous implied warranty of integrity in its dealings with local community partners and subgrantees. I am proud to work for an organization that is so dedicated to developing a project that benefits all stakeholders, including those whose voices often perversely are ignored or silenced by more powerful actors the aid industry.
This past week, I was fortunate enough to spend significant one-on-one and small-group time with IBJ’s inspiring CEO, Karen. Working with Karen to write our most recent proposal and draft, negotiate, and execute the corresponding partnership agreements already has illustrated the value and importance of reputation, which is a lesson that William & Mary Law also instills in its students from the first day of law week.
IBJ’s “implied warranty of integrity” clearly precedes the organization in negotiations and grant proposal submissions. Auditors, funders, community partners, government officials, and consultants always seem happy and willing to work with IBJ, and, after almost six weeks at IBJ, I can see why IBJ’s reputation is so strong. During one phone call, our proposal team turned a “no” into an agreement to conduct a second review of our request. Ultimately, this second review turned the “no” into a “yes.” The team achieved success by acknowledging our partner’s hesitation and concerns, asking the partner for advice and suggestions, reminding the partner of IBJ’s mission, and then reframing the challenge as a minor bureaucratic, procedural obstacle, as opposed to a material, substantive issue. I wish I could have recorded our call for my Lawyering Skills professor because it was a textbook example of how to apply the negotiation techniques we learned in order to yield positive results.
Furthermore, even though I am not a member of the permanent staff, Karen has treated me as an equal colleague and collaborator and has asked me to lead several projects that have the potential enormously to impact IBJ’s growth. Based on the fact that other staff members follow Karen’s example and on what I have seen and heard from others, I am confident that my anecdotal account is emblematic of Karen’s overall leadership style. She respects every member of her staff and fosters the type of congenial, collaborative environment that makes everyone comfortable enough to voice innovative ideas and challenge one another more clearly to articulate our project’s logistical plans and mission. I have no doubt that this supportive environment and flat hierarchy has contributed to IBJ’s success.
The fact that IBJ trusted Shaun and I with high-level work before even getting to know us demonstrates that William & Mary Law has a great reputation at IBJ. (Thanks, Professor Warren, Reeana, Jen, and all other W&M Law IBJ alumni!) As I have cultivated a strong personal reputation at IBJ, I have earned even more trust and responsibility, and I am determined to ensure that I continue to build both my own and William & Mary’s good reputation throughout the summer!
My dad always has said that a good reputation is the most valuable asset a person can possess, and both of my parents raised my brother and me to uphold the “implied warranty of integrity” in all of our interactions. When I told my parents about everything I have been doing and learning at work during their visit to Geneva this weekend, both my dad and my mom seemed pleased to hear that my professional experience was corroborating their guidance and that IBJ’s values match many of our family’s. I could tell that my parents were supportive of my work at IBJ and enjoyed getting a taste of my life in Geneva. It was fun to feel like a local while showing them around Geneva on Friday afternoon and Sunday. (On Saturday, my parents generously paid for me to accompany them to Chamonix for a day trip, and the pictures below provide just a small glimpse of the beauty we witnessed in the Alps.) “You really seem comfortable here,” my mom said as we soaked in gorgeous views of Lake Geneva. Given that the cosmopolitan culture of Geneva, friends I have made, and work I am doing all feel like a wonderful fit, I could not agree more.
