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1828.mshaffer.com › Word [warranty]
WARRANTY, n. 1. In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to the feoffee, and from the releaser to the releasee. Warranty is real, when annexed to lands and tenements granted in fee or for life, &c. And is in deed or in law; and personal, when it respects goods sold or their quality.In common recoveries, a fictitious person is called to warranty. In the sale of goods or personal property, the seller warrants the title; the warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; of the law implies a contract in the warranty, to make good any defect. But the warranty must be at the time of sale, and not afterwards.2. Authority; justificatory mandate or precept.If they disobey any precept, that is no excuse to us, nor gives us any warranty to disobey likewise. [In this sense, warrant is now used.]3. Security.The stamp was a warranty of the public.WARRANTY, v.t. To warrant; to guaranty. [A useless word.]
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Evolution (or devolution) of this word [warranty]
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WARRANTY, n. 1. In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to the feoffee, and from the releaser to the releasee. Warranty is real, when annexed to lands and tenements granted in fee or for life, &c. And is in deed or in law; and personal, when it respects goods sold or their quality.In common recoveries, a fictitious person is called to warranty. In the sale of goods or personal property, the seller warrants the title; the warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; of the law implies a contract in the warranty, to make good any defect. But the warranty must be at the time of sale, and not afterwards.2. Authority; justificatory mandate or precept.If they disobey any precept, that is no excuse to us, nor gives us any warranty to disobey likewise. [In this sense, warrant is now used.]3. Security.The stamp was a warranty of the public.WARRANTY, v.t. To warrant; to guaranty. [A useless word.] |
WAR'RANT-Y, n.- In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to the feoffee, and from the releaser to the release. Warranty is real, when annexed to lands and tenements granted in fee or for life, &c., and is in deed or in law; and personal, when it respects goods sold or their quality.
In common recoveries, a fictitious person is called to warranty. In the sale of goods or personal property, the seller warrants the title for warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; for the law implies a contract in the warranty, to make good any defect. But the warranty must be at the time of sale, and not afterward. – Blackstone.
- Authority; justificatory mandate or precept.
If they disobey any precept, that is no excuse to us, nor gives us any warranty to disobey likewise. – Kettlewell.
[In this sense, warrant is now used.]
- Security.
The stamp was a warranty of the public. – Locke.
WAR'RANT-Y, v.t.To warrant; to guaranty. |
War"rant*y
- 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.
- To warrant; to
guarantee.
- 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.
- 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.
- Justificatory mandate or precept; authority;
warrant.
- Security; warrant; guaranty.
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Warranty WARRANTY, noun 1. In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to the feoffee, and from the releaser to the releasee. warranty is real, when annexed to lands and tenements granted in fee or for life, etc. And is in deed or in law; and personal, when it respects goods sold or their quality. In common recoveries, a fictitious person is called to warranty In the sale of goods or personal property, the seller warrants the title; the warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; of the law implies a contract in the warranty to make good any defect. But the warranty must be at the time of sale, and not afterwards. 2. Authority; justificatory mandate or precept. If they disobey any precept, that is no excuse to us, nor gives us any warranty to disobey likewise. [In this sense, warrant is now used.] 3. Security. The stamp was a warranty of the public. WARRANTY, verb transitive To warrant; to guaranty. [A useless word.] |
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511 |
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312 |
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217 |
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264 |
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* As a note, I have purchased each of these products. In fact, as we have been developing the Project:: 1828 Reprint, I have purchased several of the bulky hard-cover dictionaries. My opinion is that the 2000-page hard-cover edition is the only good viable solution at this time. The compact edition was a bit disappointing and the CD-ROM as well. |
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