Legal Definition and Related Resources of Warranty

An undertaking to indemnify or make good the party assured against some possible default or defect in the contemplation of the parties. The term is frequently used synonymously with guaranty. In I Sturges v Bank of Circleville, 11 Ohio St. 153,it is pointed out that both terms were the same, the letter G of the Norman French being convertible with the W of the German and English. But warranty is to be distinguished from a guaranty in that while a guaranty is a contract by which one person is bound to answer for the default of another, the term warranty is used in relation to the quantity or quality of the subject matter of contract between parties, and generally in the context of sale of goods or real estate. In this context, the term refers to a positive affirmation of a material fact intended to be relied on as such by the purchaser. It is an agreemtnt to be responsible for all damages arising from falsity of statement or assurance of fact by warrantor and promises indemnity against defects in articles sold: See Joseph v Sears & Roebuck and Co., 77 S. E.2d. 583,224 S. C. 105. It is a statement or representation made by the seller of goods, contemporaneously with, and as a part of, the contract of sale, although collateral to the express object of it, having reference to the character, quality or title of the goods, and by which the seller promises or undertakes to insure that certain facts are or shall be as then represented. Mitchell v Rudasill,(Mo.App.)332 S. W.2d 91. The term as used in insurance contracts is a statement, description or undertaking by the insured of a material fact either appearing on the face of the policy or in another instrument specifically incorporated in the policy. Allstate Insurance Co. v Boggs, 27 Ohio St.2d855. Such a statement, discription or undertaking should relate contractually to the risk insured against, Reid v Hardware Mutual Insurance Co., 252 S.C.339, 166 S.E.2d317. Although it does not create an obligation on the part of the warrantor, it creates a condition of the insurer’s duty to pay the loss. Violin v Fireman’s Fund Ins. Co., 81 Nev.456, 406 P.2d. 287.

In Insurance. A statement or agreement by the insured, which is part of the contract of insurance, and the truth of which is essential to the validity of the policy. For the distinction between “warranty” and “representation,” see “Representation.” In Sales of Personal Property. An undertaking, express or implied, by which the seller insures the existence of certain facts as to the thing sold. It is an express or implied statement of something which the party undertakes shall be a part of the contract, and, though part of the contract, yet collateral to the express object of it. 4 Mees. & W. 404. It is express when the undertaking is by express words of the seller; it is implied when it results by inference of law from the nature of the transaction. In Sales of Real Property. In old law, a real covenant, whereby the grantor of an estate of freehold and his heirs were bound to warrant the title, and, either upon voucher or by judgment in a writ of warrantia chartae, to yield other lands to the value of those from which there had been an eviction by a paramount title. Co. Litt. 365a. Collateral warranty existed 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. Comm. 301, 302. Lineal warranty existed when the heir derived title to the land warranted, either from or through the ancestor who made the warranty. St. 4 Anne, c. 16, annulled these collateral warranties, which had become a great grievance. In the United States, warranty in its original form, it is presumed, has never been known. 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. And in England the matter has become one of curious learning, and of little or no practical importance. See 4 Kent, Comm. 469; 3 Rawle (Pa.) 67, note; 2 Wheat. (U. S.) 45; 9 Serg. & R. (Pa.) 268; 11 Serg. & R. (Pa.) 109; 4 Dall. (Pa.) 442; 1 Sumn. (U. S.) 358; 17 Pick. (Mass.) 14; 1 Ired. (N. C.) 509; 2 Saund. 38, note 5.

noun

• assurance
• certificate
• contractual assurance
• contractual promise
• contractual representation
• covenant
• guarantee
• guaranty
• pledge
• promise
• satisdatio
• voucher
• Associated Concepts: affirmative warranty
• breach
• warranty
• disclaimer of warranty
• express warranty
• implied warranty
• limited warranty
• material warranty
• rospective warranty
• warranty deed
• warranty of tness
• warranty of merchantability
• warranty of title foreign phrases: Ea quae
• commendandi causa
• in venditionibus dicuntur
• si palam appareant
• venditorem non obligant
• Those things which are said as praise of the things sold
• if they are openly apparent do not bind the seller

Browse or run a search for Warranty in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Warranty in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Warranty in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Warranty in the Legal Abbreviations and Acronyms Dictionary.

You might be also interested in these legal terms:

Mentioned in these terms

Merchantable, Merchantability, Puffing, Representation, Sample.

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Resource	Description
Warranty in the Dictionary	Warranty in our legal dictionaries
Browse the Legal Thesaurus	Find synonyms and related words of Warranty
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Related topics	Warranty in the World Encyclopedia of Law

Notice

This definition of Warranty is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Grammar

This term is a noun.

Etimology of Warranty

(You may find warranty at the world legal encyclopedia and the etimology of more terms).

mid-14c., legal term for various types of clauses in real estate transactions, from Anglo-French and Old North French warantie “protection, defense, safeguard” (Old French garantie), from warant (see warrant; this term is also a noun.).

Warranty in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Warranty, produced by Tetley, in the context of admiralty law: A term of a contract the breach of which will allow the offended party to claim only damages. See condition (see this maritime law term in this legal dictionary) and indeterminate term (see this maritime law term in this legal dictionary).

Resources

See Also

Law Dictionaries.

Cloud on Title; Consumer Protection; Landlord and Tenant; Merchantable; Product Liability; Sales Law.

Warranty in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of warranty.

Resources

See Also

• Law Enforcement Officer
• Police
• Law Enforcement Agency

Further Reading

• warranty in A Dictionary of Law Enforcement (Oxford University Press)
• warranty in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Concept of Warranty in the context of Real Property

A short definition of Warranty: A legal, binding, promise, given at the time of a sale, whereby the seller gives the buyer certain assurances as to the condition of the property being sold. Warranties as to real property have taken on a lesser role with the increase of the use of title insurance.

Concept of Warranty in the context of Real Property

A short definition of Warranty: A legal, binding, promise, given at the time of a sale, whereby the seller gives the buyer certain assurances as to the condition of the property being sold. Warranties as to real property have taken on a lesser role with the increase of the use of title insurance.

Warranty