Saturday, April 30, 2011

Warranty

Warranty is a guarantee, or security. An express or implied statement of something, which the party undertakes shall be part of a contract, and though part of the contract, yet collateral to the express object of it.  A promise from a vendor to a purchaser, that the thing sold is the vendor's to sell and is good and fit for use, or at least for such use as the purchaser intends to make of it.  As applied to lands, its is defined to be a covenant real annexed to lands or tenements, whereby a man and his heirs are bound to warrant the same; a promise or covenant by deed by the bargainer for himself and his heirs, to warrant or secure the bargainer and his heirs against all men for the enjoyment of the thing granted.

The general rule of law applicable to all sales of goods is that the buyer buys at his own risk, caveat emptor, unless the vendor give an express warranty, or unless the law imply a warranty from the nature of the thing sold and the circumstances of the sale; or unless the vendor have been guilty of fraudulent representation or concealment in regard to the thing sold.

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