Warranty

6 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Warranty \War"rant*y\, n.; pl. {Warranties}. [OF. warantie, F.
     garantie. See {Warrant}, n., and cf. {Guaranty}.]
     [1913 Webster]
     1. (Anc. Law) A covenant real, whereby the grantor of an
        estate of freehold and his heirs were bound to warrant and
        defend the title, and, in case of eviction by title


        paramount, to yield other lands of equal value in
        recompense. This warranty has long singe become obsolete,
        and its place supplied by personal covenants for title.
        Among these is the covenant of warranty, which runs with
        the land, and is in the nature of a real covenant. --Kent.
        [1913 Webster]
  
     2. (Modern Law) An engagement or undertaking, express or
        implied, that a certain fact regarding the subject of a
        contract is, or shall be, as it is expressly or impliedly
        declared or promised to be. In sales of goods by persons
        in possession, there is an implied warranty of title, but,
        as to the quality of goods, the rule of every sale is,
        Caveat emptor. --Chitty. Bouvier.
        [1913 Webster]
  
     3. (Insurance Law) A stipulation or engagement by a party
        insured, that certain things, relating to the subject of
        insurance, or affecting the risk, exist, or shall exist,
        or have been done, or shall be done. These warranties,
        when express, should appear in the policy; but there are
        certain implied warranties. --Bouvier.
        [1913 Webster]
  
     4. Justificatory mandate or precept; authority; warrant. [R.]
        --Shak.
        [1913 Webster]
  
              If they disobey precept, that is no excuse to us,
              nor gives us any warranty . . . to disobey likewise.
                                                    --Kettlewe??.
        [1913 Webster]
  
     5. Security; warrant; guaranty.
        [1913 Webster]
  
              The stamp was a warranty of the public. --Locke.
        [1913 Webster]
  
     Syn: See {Guarantee}.
          [1913 Webster]

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Warranty \War"rant*y\, v. t.
     To warrant; to guarantee.
     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  warranty
       n : a written assurance that some product or service will be
           provided or will meet certain specifications [syn: {guarantee},
            {warrant}, {warrantee}]

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  57 Moby Thesaurus words for "warranty":
     affidavit, assurance, attestation, authority, authorization,
     avouch, avouchment, bail, bill of health, bond, certificate,
     certificate of proficiency, certification, clearance, countenance,
     credential, deposition, diploma, empowerment, enabling,
     enfranchisement, entitlement, faith, fiat, guarantee, guaranty,
     indemnity, insurance, navicert, notarized statement, note, oath,
     parole, pledge, plight, promise, ratification, sanction, security,
     sheepskin, solemn declaration, stocks and bonds, surety,
     sworn statement, testamur, testimonial, ticket, tie, troth, visa,
     vise, voucher, vow, warrant, witness, word, word of honor
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  WARRANTY, contracts. This word has several significations, as it is applied 
  to the conveyance and sale of lands, to the sale of goods, and to the 
  contract of insurance. 
       2.-1. The ancient law relating to warranties of land was full of 
  subtleties and intricacies; it occupied the attention of the most eminent 
  writers on the English law, and it was declared by Lord Coke, that the 
  learning of warranties was one of the most curious and cunning learnings of 
  the law; but it is now of little use even in England. The warranty was a 
  covenant real, whereby the grantor of an estate of freehold, and his heirs, 
  were bound to warrant the title; and either upon voucher, or judgment in, a 
  writ of warrantia chartae, to yield other lands to the value of those from 
  which there had been an eviction by paramount title Co. Litt. 365; Touchst.; 
  181 Bac. Ab. h.t.; the heir of the warrantor was bound only on condition 
  that he had, as assets, other lands of equal value by descent. 
       3. Warranties were lineal and collateral. 
       4. Lineal, when the heir derived title to the land warranted, either 
  from or through the ancestor who made the warranty. 
       5. Collateral warranty was when the heir's title was not derived from 
  the warranting ancestor, and yet it barred the heir from claiming the land 
  by any collateral title, upon the presumption that he might thereafter have 
  assets by descent from or through the ancestor; and it imposed upon him the 
  obligation of giving the warrantee other lands, in case of eviction, 
  provided he had assets. 2 Bl. Com. 301, 302. 
       6. The statute of 4 Anne, c. 16, annulled these collateral warrantees, 
  which bid become a great grievance. Warranty in its original form, it is 
  presumed, has never been known in the United States. The more plain and 
  pliable form of a covenant has been adopted in its place and this covenant, 
  like all other covenants, has always been held to sound in damages which 
  after judgment may be recovered out of the personal or real estate, as in 
  other cases. Vide 4 Kent, Com. 457; 3 Rawle's R. 67, n.; 2 Wheat. R. 45; 9 
  Serg. & Rawle, 268; 11 Serg. & Rawle, 109; 4 Dall. Rep. 442; 2 Saund. 38, n. 
  5. 
       7.-2. Warranties in relation, to the sale of personal chattels are of 
  two kinds, express or implied. 
       8. An express warranty is one by which the warrantor covenants or 
  undertakes to insure that the thing which is the subject of the. contract, 
  is or is not as there mentioned; as, that a horse is sound; that he is not 
  five years old. 
       9. An implied warranty is one which, not being expressly made, the law 
  implies by the fact of the sale; for example, the seller is, understood to 
  warrant the title of goods be sells, when they are in his possession at the 
  time of the sale; Ld. Raym. 593; 1 Salk.. 210; but if they are not then in 
  his possession, the rule of caveat emptor applies, and the buyer purchases 
  at his risk. Cro. Jac. 197. 
       10. In general there is no implied warranty of the quality of the goods 
  sold. 2 Kent, Com. 374; Co. Litt. 102, a; 2 Black Comm. 452; Bac. Abr. 
  Action on the case E; 2 Com. Contr. 263; Dougl. 20; 2 East, 31 4; Id. 448, 
  n.; Ross on Vend. c. 6; 1 Johns. R. 274; 4 Conn. R. 428; 1 Dall. Rep. 91; 10 
  Mass. R. 197; 20 Johns. Rep., 196; 3 Yeates, R. 262; 1 Pet. Rep. 317; 12 
  Serg. & Rawle, 181; 1 Hard. Kent. Rep. 531; 1 Murphy, Rep. 138; 2 Id. 245; 4 
  Haywood's Term. R. 227; 2 Caines' Rep. 48. The rule of the civil law was, 
  that a fair price implied a warranty of title; Dig. 21, 2, 1; this rule, has 
  been adopted in Louisiana; Code, art. 247 7; and in South Carolina. 1 Bay, 
  R. 324; 2 Bay, R. 380 1 Const. R. 182; 2 Const. R. 353. Vide Harr. Dig. 
  Sale, II. 8; 12 East, R. 452. 
       11.-3. In the contract of insurance, there are certain warranties which 
  are inducements to the insurer to enter into it. A warranty of this kind is 
  a stipulation or agreement on the part of the insured, in the nature of a 
  condition precedent. It may be affirmative; as where the insured undertakes 
  for the truth of some positive allegation: as, that the thing insured is 
  neutral property: or, it may be promissory; as, that the ship shall sail on 
  or before a given day. 6 N. S. 53. 
       12. Warranties are also express or implied. An express warranty is a 
  particular stipulation introduced into the written contract, by the 
  agreement of the parties; an implied warranty is an agreement which 
  necessarily results from the nature of the contract: as, that the ship shall 
  be seaworthy when she sails on the voyage insured. 
       13. The warranty being in the nature of a condition precedent, it is to 
  be performed by the insured, before he can demand the performance of the 
  contract on the part of the insurer. Marsh. Inst. B. 1, c. 9. See, 
  generally, Bouv. Inst. Index, h.t. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  WARRANTY, VOUCHER TO, practice. A warranty is a contract real, annexed to 
  lands and tenements, whereby a man is bound to defend such lands and 
  tenements from another person; and in case of eviction by title paramount, 
  to give him lands of equal value. 
       2. Voucher to warranty is the calling of such warrantor into court by 
  the party warranted, (when tenant in a real action brought for recovery of 
  such lands,) to defend the suit for him; Co. Litt. 101, b; Com. Dig. 
  Voucher, A 1; Booth, 43 2 Saund. 32, n. 1; and the time of such voucher is 
  after the demandant has counted. It lies in most real and mixed actions, but 
  not in personal. Where the voucher has been made and allowed by the court, 
  the vouchee either voluntarily appears, or there issues a judicial writ 
  (called a summons ad warrantizandum,) commanding the sheriff to summon him. 
  Where he, either voluntarily or in obedience to this writ, appears and 
  offers to warrant the land to the tenant, it is called entering into the 
  warranty; after which he is considered as tenant in the action, in the place 
  of the original tenant. The demandant then counts against him de novo, the 
  vouchee pleads to the new count, and the cause proceeds to issue. 2 Inst. 
  241 a; 2 Saund. 32, n. 1; Booth, 46. 
       3. Voucher of warranty is, in the present rarity of real actions, 
  unknown in practice. Steph. Plead. 85.