War"rant*y (?), n.; pl.
Warranties (#). [OF. warantie, F. garantie.
See Warrant, n., and cf. Guaranty.]
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.
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.
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.
4. Justificatory mandate or precept; authority;
warrant. [R.] Shak.
If they disobey precept, that is no excuse to us, nor gives
us any warranty . . . to disobey likewise.
5. Security; warrant; guaranty.
The stamp was a warranty of the public.
Syn. -- See Guarantee.
War"rant*y, v. t. To warrant; to