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WARRANTY
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WARRANTY , etymologically, another See also:form of See also:GUARANTEE (q.v.). It is used, however, in a rather different sense. The sense See also:common to both words is that of a See also:collateral See also:contract, under which responsibility for an See also:act is incurred, and for the See also:breach of which an See also:action for See also:damages lies. Warranty generally expresses the responsibility of the See also:person doing the act, guarantee the responsibility of some other person on his behalf. A warranty may be defined, in the words of See also:Lord See also:Abinger, as " an See also:express or implied statement of something which the party undertakes shall be See also:part of the contract, and, though part of the contract, collateral to the express See also:object of it " (Chanter v. See also:Hopkins, 1838, 4 M. & W. 404). It differs from a See also:condition in that a condition forms the basis of the contract and a breach of it discharges from the contract, and from a representaticn in that the latter does not affect the contract unless made a part of it expressly, or by implication as in contracts of See also:insurance and other contracts uberrimae fidei, or unless it be fraudulent. These distinctions are not always accurately maintained. Thus in the Real See also:Property Act 1845, § 4, condition seems to be used for warranty. Warranty as it affected the See also:law of real property was, before the passing of the Real Property See also:Limitation Act 1833 and the Fines and Recoveries Act 1833, a See also:matter of the highest importance. A warranty in a See also:conveyance was a See also:covenant real annexed to an See also:estate of See also:freehold, and either expressed in a clause of warranty or implied in cases where a feudal relation might exist between feoffor and feoffee. The warranty, as described by See also:Littleton, § 697, was an outgrowth of See also:feudalism, and something very like it is to be found in the See also:Liber Feudorum. At the See also:time of See also:Glanvill the See also:heir was See also:bound to See also:warrant the reasonable donations of his ancestor. Warrant was one of the elements in See also:Bracton's See also:definition of See also:homage, 78b, '~See also:juris vinculum quo quis astringitur ad warrantizandum defendendum et acquietandum tenentem suum in seisina versus omnes." For an express warranty the word warrantizo or warrant was necessary. The word " give implied a warranty, as did an See also:exchange and certain kinds of See also:partition. In See also:order to bind heirs a clause of warranty was required. This was either lineal, collateral or commencing by disseisin. The See also:differences between the three kinds were very technical, and depended on abstruse and obsolete learning. They are treated at See also:great length in old See also:works on real property, especially See also:Coke upon Littleton by See also: The more usual of these are now by the See also:Conveyancing Act 1881 deemed to be implied in conveyances. For the implied warranties of title and quality see See also:SALE of Goons. Vouching to warranty was at one time important in the law of See also:personality as well as of reality. The See also:procedure is fully described in Glanvill. The right of calling on the holder of lost or stolen goods to vouch to warranty (interciare), i.e. to give up the name of the person from whom he received them, under See also:pain of See also:forfeiture, was often granted under the name of lheam as a See also:local See also:franchise. Warranty, as it exists at See also:present in the law of personality, is either express or implied. There is no See also:general See also:rule as to what constitutes a warranty. It is not necessary that an express warranty should be in See also:writing, the law being that every See also:affirmation at the time of sale of See also:personal chattels is a warranty, provided that it appears to have been sointended. The See also:principal cases of implied warranty occur in the contracts of sale and insurance. There is also an implied warranty in other kinds of contract, e.g. of seaworthiness by the shipowner in a contract between him and a charterer for the hire of a See also:ship. In all cases of implied warranty the warranty may be excluded by the See also:special terms of the contract. For breach of warranty an action may be brought directly, or the breach may be used as ground for a See also:counter claim or for reduction of damages, but the breach will not in the case of a warranty proper entitle the person suffering by it to a rescission of the contract. Thus in a sale the property passes although the warranty be broken. In some cases warranties on sale are the subject of statutory enactments, as the Merchandise Marks Acts and the Sale of See also:Food and Drugs Acts. In some other acts, such as the Bills of Exchange Act 1882, the See also:term warranty does not occur, but the See also:practical effect is the same. See also:Scotland.—The term corresponding to warranty in the law of heritable property is " warrandice." Warranty, strictly speaking, seems confined to movables. Warrandice appears See also:early in Scots law, the heir by Regiam Majestatem being bound to warrant the reasonable donations of his ancestor. Warrandice in the existing law is either real or personal. Real warrandice is that whereby warrandice lands are made over, as See also:indemnity for those conveyed, to assure the person to whom they were conveyed from loss by the See also:appearance of a See also:superior title. Real warrandice is implied in See also:excambion. Its effect is that the excamber, in case of eviction, may recover See also:possession of his See also:original lands. This is not in accordance with the See also:English law in exchange. Personal warrandice is either express or implied. There is an implied warrandice in every onerous See also:deed, and an See also:absolute warrandice presumes an onerous See also:consideration. Express warrandice is either See also:simple, against the future acts of the vendor, from fact and deed, against acts whether past or future, or absolute, or against all deadly, that is, on any ground existing before the sale. A clause of warrandice is the Scottish See also:equivalent of the English covenants for title. By the Titles to See also:Land Consolidation (Scotland) See also:Amendment Act 1869 a clause of warrandice in the form given in the See also:schedule to the act imports absolute warrandice as regards the lands and the title-deeds thereof, and warrandice from fact and deed as regards the rents. See also:United States.—Warranty in conveyances of real estate is expressly abolished by See also:statute in many states. In some states warranty is implied on the See also:transfer and See also:indorsement of negotiable instru- ments. U. Additional information and CommentsThere are no comments yet for this article.
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