Warranty

A promise about a product made by either a manufacturer or a seller. A statement or agreement by a seller of property which is a part of the contract of sale. The truth of the statement is necessary to the validity of the contract.

his 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.

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 the heir of the warrantor was bound only on condition that he had, as assets, other lands of equal value by descent.

Warranties were lineal and collateral.

Lineal, when the heir derived title to the land warranted, either from or through the ancestor who made the warranty.

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.

The statute of 4 Anne, 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.

Warranties in relation, to the sale of personal chattels are of two kinds, express or implied.

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.

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; but if they are not then in his possession, the rule of caveat emptor applies, and the buyer purchases at his risk.

In general there is no implied warranty of the quality of the goods sold.

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

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.

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.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.

COLLATERAL SECURITY - A separate obligation attached to another contract to guaranty its performance. By this term is also meant the transfer of property or of other contracts to insure the performance of a principal engagement. The property or securities thus conveyed are also called collateral securities.

COLLATERAL WARRANTY - Contracts, Descent. Where the heir's title to the land neither was, nor could have been, derived from the warranting ancestor and yet barred the heir from ever claiming the land, and also imposed upon him the same obligation of giving the warrantee other lands in case of eviction as if the warranty were lineal, provided the heir had assets.

The doctrine of collateral warranty was one of the most unjust, oppressive and indefensible in the whole range of the common law.

By the statute of 4 & 5 Anne, c.16, 21, all collateral warranties of any land to be made after a certain day by any ancestor who has no estate of inheritance in possession in the same, were made void against the heir.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.

WARRANTY, VOUCHER TO - 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.

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 and the time of such voucher is after the deman-dant 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 deman-dant then counts against him de novo, the vouchee pleads to the new count, and the cause proceeds to issue.

Voucher of warranty is, in the present rarity of real actions, unknown in practice.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.

A guarantee given on the performance of a product or the doing of a certain thing. - (read more on Warranty)
  

An assurance by one party to a contract of the existence of a factupon which the other party may rely, intended to relieve the promisee of anyduty to ascertain the fact for himself or herself, and which amounts to apromise to indemnify the promisee for any loss if the fact warranted provesuntrue.