单词 | warranty |
释义 | warrantyn. 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 adjectives. ΘΚΠ society > law > transfer of property > [noun] > warranty of security of title > annexed to conveyance warrantisea1325 warranty1338 1338 R. Mannyng 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. 1439 Rolls of Parl. V. 10/2 And therof have do made astate to you and to youre heires..with clause of Warantie. 1472–3 Rolls of Parl. VI. 44/2 To have and to hold to the forseid William, John and Robert, and their heires, with warantie of the said Phelip. 1495 Act 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. 1528–30 tr. T. Littleton Tenures (new ed.) f. liiiv It is comonly sayde that there be thre maner of warrantyes, that is to say warranty lyneall, warranty collaterall, & warranty that begynneth by dysseysyn. 1630 Use of Law (new ed.) 31 in F. Bacon Elements Common Lawes If a man..do make a warranty of Land binding him and his heyres to warrantie. 1651 W. G. tr. J. Cowell Inst. Lawes Eng. 191 Lessor is bound to warranty to the Lessee. 1766 W. Blackstone Comm. Laws Eng. 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. 1858 Ld. 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. 1871 W. 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. 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. ΘΚΠ society > law > legal obligation > bond or recognizance > [noun] > warranty warrandice1488 warranty1543 1543 tr. 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. 1552 R. Huloet Abcedarium Anglico Latinum Bye and sell wyth warantye. 1628 E. Coke 1st Pt. Inst. Lawes Eng. 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. 1768 W. Blackstone Comm. Laws Eng. 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. 1812 Sporting Mag. 39 235 An action upon the warranty of a horse. 1832 J. Baxter Libr. Agric. & Hort. Knowl. (ed. 2) 384 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. ΘΚΠ the mind > language > speech > agreement > promise > [noun] > pledge or assurance > in a contract for insurance warranty1817 1817 W. Selwyn Abridgem. 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. 1835 Tomlin's Law Dict. (ed. 4) I. at Insurance §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. 1866 Arnould'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. 1886 C. Scholl Phraseol. Dict. II. 832 A warranty to that effect is on the margin of the policy. 1913 Times 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. transferred. A guarantee, an assurance. Now dialect (see Eng. Dial. Dict.). ΘΚΠ the mind > language > speech > agreement > promise > [noun] > pledge or assurance wordOE costOE earnest1221 fayc1300 certainty1303 wager1306 plighta1325 pledge1371 assurancec1386 undertaking?a1400 faithc1405 surementc1410 to make affiancec1425 earnest pennya1438 warrant1460 trow1515 fidelity1531 stipulation1552 warranty1555 pawn1573 arrha1574 avouchment1574 assumption1590 word of honour1598 avouch1603 assecurance1616 preassurance1635 tower-stamp1642 parole of honour1648 spondence1657 honour1659 1555 R. Eden tr. Peter Martyr of Angleria Decades of Newe Worlde i. vii. f. 35 He had betrayed his geste whom he tooke into his house with warranties. 1692 J. Locke Some Considerations Lowering Interest 145 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 finess. 1823 W. Scott Quentin Durward I. v. 114 ‘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. ΘΚΠ society > authority > delegated authority > [noun] > authorization warrant1387 limitation?1410 authorization1472 fiant1534 passport1571 warranty1591 1591 E. Spenser Prosopopoia in Complaints 186 We shall ronne Into great daunger..Thus wildly to wander in the worlds eye, Without pasport or good warrantie. 1600 W. Shakespeare Merchant of Venice i. i. 132 And from your loue I haue a warrantie To vnburthen all my plots and purposes. View more context for this quotation 1601 B. Jonson Fountaine of Selfe-love v. i. sig. K3 Nor farther notice (Arete) we craue Then thine approualls soueraigne warranty . View more context for this quotation a1616 W. Shakespeare Othello (1622) v. ii. 65 I..neuer lou'd Cassio, But with such generall warranty of heauen, As I might loue. View more context for this quotation 1618 Ld. Sheffield in S. R. Gardiner Fortescue Papers (1871) 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. 1664 Bp. J. Taylor Disswasive from Popery ii. x. 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). ΘΚΠ society > morality > duty or obligation > moral or legal constraint > immunity or exemption from liability > justification > [noun] > that which warrant1597 justification1716 warranty1836 1836 H. Smith Tin Trumpet II. 108 It [the doctrine of Purgatory] may not have the clear warranty of Scripture, but [etc.]. 1869 J. E. T. Rogers in A. Smith Inq. Wealth Nations (new ed.) I. Pref. 9 I am not acquainted with any part of his writings which will give any warranty for such an inference. 1877 W. Black Green Pastures xxix The smallest civility was sufficient warranty for the opening of an acquaintanceship. 1918 Q. 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. ΘΚΠ the mind > attention and judgement > testing > attestation, witness, evidence > [noun] > confirmation, corroboration confirming1297 strengthc1400 affirmance1442 vidimus1513 corroborating1530 fortification1530 warranty1561 astipulation1618 support1629 corroboration1765 circumstantiation1841 1561 J. Brende tr. Q. Curtius Rufus Hist. (ed. 2) vi. f. 117v The matter was fyrst shewed me by a light felowe, who coulde not bringe any witnes or warrantie [1553 warant] of hys tale. 1676 J. Owen Brief Instr. Worship of God 81 There is sufficient evidence and warranty of this institution. 1866 C. Dickens Mugby Junction i, in All Year Round Extra Christmas No., 10 Dec. 2/1 As Barbox Brothers (so to call the traveller on the warranty of his luggage) took his seat [etc.]. 1883 R. Whitelaw tr. Sophocles Trachiniae 744 My son, how say you? By what warranty A deed so hateful say you I have wrought? ΘΚΠ the mind > language > speech > agreement > security > [noun] > a bondsman or guarantor borrowa1000 festermanOE inborghc1175 pledge1348 surety1428 warrant1478 soverty1517 creditor1523 cautionerc1565 warranter1583 caution1586 warranty1586 security1600 stipulator1610 engager1611 pawner1611 undertaker1616 bond1632 ensurer1654 cautionary1655 security man1662 voucher1667 warrantee1668 respondent1672 guarand1674 guarantee1679 guaranty1684 hypothecator1828 warrantor1850 guarantor1853 1586 T. Bowes tr. P. de la Primaudaye French Acad. I. 417 The Prince..is the formall Warrantie [Fr. garend formel] vnto all his subiects, of that fidelitie which is amongst themselues. This entry has not yet been fully updated (first published 1921; most recently modified version published online December 2021). < |
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