Warranty in Europe

Definition of Warranty

A guaranty or assurance. ” An agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated ” (Sale of Goods Act, 1893, s. 62, sub-s. 1) ; but 11 whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, depends in each case on the construction of the contract ” ; and ” a stipulation may be a condition though called a warranty in the contract ” (ibid., s. 11, sub-s. 1 (b)).
In marine insurance a warranty is in fact a condition, e.g., that the ship is seaworthy. See Marine Insurance Act, 1906, ss. 33- 41.
An action for breach of warranty of authority may be brought against an agent who acts in excess of the authority he purports to have.
Formerly warranty was a covenant by the feoffor or donor of land to defend the feoffee or donee in the possession of the land, and to give him land of equal value if he was evicted from it. See Roscorla v. Thomas; Bettini v. Gye

Browse

You might be interested in these references tools:

Warranty in other legal encyclopedias

If you search for an entry, then decide you want to see what another legal encyclopedia says about it, you may find your entry in this section.

Explore the European Encyclopedia of Law

You can also find related entries in the following areas of law:

Further Information

• Open European Encyclopedia
• Did you mean??
• Notice
• Vocabularies (Semantic Web Information)
• Resources

Definition of Warranty is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

See related entries below: