| 释义 |
warranty|ˈwɒrəntɪ|
Forms: 4–5 warantie, 5–6 -ye, 5–7 warrantie, 6 -ye, (6 warraunty), 6– warranty.
[a. AF. (OF.) warantie, dial. var. of guarantie (whence guarantee n.), garantie (mod.F. garantie): f. warant (garant) warrant n.]
1. Law. An act of warranting: in certain specific applications.
to vouch to (rarely for) warranty: see vouch v. 1.
a. A covenant (either expressed by a clause of warranty or implied) annexed to a conveyance of real estate, by which the vendor warrants the security of the title conveyed. (In modern English practice the term has little or no application. In the U.S. the covenant of warranty corresponds to the English ‘covenant for quiet enjoyment’.)
The early examples below relate to feudal law, under which the ‘warranty’ given by the grantor of a freehold estate obliged him to yield to the grantee other lands of equal value if the latter should be evicted. For collateral, lineal warranty see those adjs.
1338R. Brunne Chron. (1810) 263 If he had..gyuen þam..Þer wynnyng ilk a dele, þat þei mot reyme & gyue, Holdand in warantie [Fr. Terre et tenement à tenir par garaunt], of him & of his heyres. 1439Rolls of Parlt. V. 10/2 And therof have do made astate to you and to youre heires..with clause of Warantie. 1472–3Ibid. VI. 44/2 To have and to hold to the forseid William, John and Robert, and their heires, with warantie of the said Phelip. 1495Act 11 Hen. VII, c. 47 §1 You..be not bounden to warant the seid Manoris..by reason of any warantye comprised in the same lettres patentes. 1544tr. Littleton's Tenures 147 b, It is comonly sayd that there be thre maner of warrantyes, that is to saye, warrantye lyneall, warranty collateral, and warranty that begynneth by disseasyn. 1596Bacon Elem. Com. Law ii. (1630) 31 If a man..do make a warranty of Land binding him and his heyres to warrantie. 1651G. W. tr. Cowel's Inst. 191 Lessor is bound to warranty to the Lessee. 1766Blackstone Comm. II. xx. 300 Next may follow the clause of warranty; whereby the grantor doth, for himself and his heirs, warrant and secure to the grantee the estate so granted. 1858Ld. St. Leonards Handy-Bk. Prop. Law v. 24 If one sell another's estate, without covenant or warranty for the enjoyment, it is at the peril of the purchaser. 1871W. Markby Elem. Law §236 A warranty, properly speaking, is in form an undertaking that certain events will happen, or will not happen; have happened, or have not happened; but it is in reality a promise to make compensation for the loss occasioned by their happening or not happening.
attrib.1855Emerson Misc. i. 16 This is the best part of these men's farms, yet to this their warranty-deeds give no title. 1892G. Owen Pembrokesh. 176 Footnote, The warranty clause..arose out of the old feudal doctrine that the land could not be alienated without the consent of the heir.
b. An undertaking, express or implied, given by one of the parties to a contract to the other, that he will be answerable for the truth of some statement incidental to the contract; esp. an assurance, express or implied, given by the seller of goods, that he will be answerable for their possession of some quality attributed to them.
1543tr. Act 28 Edw. III, c. 13 The warranty of packyng of wolles for dyuers mischieues, which the commens haue therof perceiued, shall holly be out. 1552Huloet, Bye and sell wyth warantye. 1628Coke On Litt. ii. vii. 102 By the Ciuill Law euery man is bound to warrant the thing that he selleth or conueyeth,..but the Common Law bindeth him not, vnlesse there be a warrantie. 1768Blackstone Comm. III. ix. 165 But if the vendor knew the goods to be unsound, and hath used any art to disguise them,..this artifice shall be equivalent to an express warranty,..A general warranty will not extend to guard against defects that are plainly and obviously the object of one's senses. 1812Sporting Mag. XXXIX. 235 An action upon the warranty of a horse. 1846J. Baxter's Libr. Pract. Agric. (ed. 4) I. 467 If the horse should be afterwards discovered to have been unsound at the time of warranty, the buyer may return it.
c. In a contract for insurance, an engagement by the insured that certain statements are true or that certain conditions shall be fulfilled: the breach of this engagement involving the invalidation of the policy.
1817W. Selwyn Law Nisi Prius (ed. 4) II. 977 If there be not any warranty or condition on the part of the insured, the insurer is subject to all risks. 1835Tomlin's Law Dict. (ed. 4) s.v. Insurance, I. §3 Warranties in a policy of [marine] assurance are either express or implied... The three cases of warranty, on which most questions have arisen, are, as to the time of sailing, convoy, and neutrality of property. 1866Arnould's Marine Insur. I. ii. i. 487 A warranty not implied by law must always be in writing and in every case is inserted on the face of the policy. 1886C. Scholl Phraseol. Dict. II. 832 A warranty to that effect is on the margin of the policy. 1913Times 13 Sept. 18/3 The ordinary tramp steamer, tied down by strict warranties, would not have been covered..in that region after October 1.
2. transf. A guarantee, an assurance. Now dial. (see Eng. Dial. Dict.).
1555Eden Decades i. vii. (Arb.) 92 That he had betrayed his geste whom he tooke into his house with warranties. 1691Locke Money Wks. 1727 II. 43 The Stamp [on coinage] was a Warranty of the publick, that under such a denomination they should receive a piece of such a weight, and such a fineness. 1823Scott Quentin D. v, ‘Think you that I am like to recommend to you any thing unworthy?’..‘I cannot doubt your warranty, fair uncle,’ said the youth.
3. Formal or official sanction (for a course of action, etc.); authorization. = warrant n.1 7. Now rare.
1591Spenser M. Hubberd 186 We shall ronne Into great daunger..Thus wildly to wander in the worlds eye, Without pasport or good warrantie. 1596Shakes. Merch. V. i. i. 132 And from your loue I haue a warrantie To vnburthen all my plots and purposes. 1599B. Jonson Cynthia's Rev. v. vi, Nor farther notice (Arete) we craue Then thine approuals soueraigne warrantie. 1604Shakes. Oth. v. ii. 60, I..neuer lou'd Cassio, But with such generall warrantie of Heauen, As I might loue. 1618Ld. Sheffield in Fortescue Papers (Camden) 52, I desire your Lordship that under such warrantie I may bee protected, otherwise I shall not adventure to doe his Majestie service in those places. 1664Jer. Taylor Dissuas. Popery i. ii. §10. 142 If these things come from God, let them shew their warranty, and their books of Precedents.
4. Justifying reason, ground (for an action or belief).
1836Hor. Smith Tin Trumpet II. 108 It [the doctrine of Purgatory] may not have the clear warranty of Scripture, but [etc.]. 1869Rogers A. Smith's W.N. Pref. 9, I am not acquainted with any part of his writings which will give any warranty for such an inference. 1877Black Green Past. xxix, The smallest civility was sufficient warranty for the opening of an acquaintanceship. 1918Q. Rev. Jan. 210 The Pope was claiming powers, Döllinger urged, for which there was no warranty in the history of the Church.
5. Substantiating evidence or witness.
1561Brende Q. Curtius vi. (ed. 2) 117 b, The matter was fyrst shewed me by a light felowe, who coulde not bringe any witnes or warrantie [1553 warant] of hys tale. 1676J. Owen Worship of God 81 There is sufficient evidence and warranty of this institution. 1866Dickens Mugby Junction i, As Barbox Brothers (so to call the traveller on the warranty of his luggage) took his seat [etc.]. 1883Whitelaw Sophocles, Trachin. 744 My son, how say you? By what warranty A deed so hateful say you I have wrought?
†6. One who warrants or gives a warrant. Obs.
1586T. B. La Primaud. Fr. Acad. i. 394 The prince..is the formal warrantie [Fr. garend formel] unto all his subjects, of that fidelity which is amongst themselves. |