Also known as: warranties · warrandice · warrantee · warrantees · warrantor · warrantors · warrantizare
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A covenant by the grantor in a deed that promises to secure the estate conveyed and to compensate the grantee with other land if the grantee is evicted by someone with better title. The covenant binds the grantor and the grantor's heirs. Covenants for title may run with the land and support later claims by the grantee against the grantor.
A covenant by the grantor in a deed that promises to secure the estate conveyed and to compensate the grantee with other land if the grantee is evicted by someone with better title. The covenant binds the grantor and the grantor's heirs. Covenants for title may run with the land and support later claims by the grantee against the grantor.
Select any source to read its text and confirm it supports the definition.
An implied promise by a landlord that leased residential premises are suitable for human habitation. A landlord is subject to liability for physical harm caused to the tenant and others on the leased property by a dangerous condition if the landlord has failed to exercise reasonable care to repair the condition and the condition violates the implied warranty of habitability or a statutory duty.
Select any source to read its text and confirm it supports the definition.
A promise that goods or newly constructed residential property meet standards of quality, title, or fitness for their intended use. Most jurisdictions recognize an implied warranty that a new home is designed and built in a reasonably workmanlike manner and is suitable for human habitation. Injury to person or property proximately resulting from any breach of warranty gives rise to consequential damages.
Select any source to read its text and confirm it supports the definition.
An implied promise by a landlord that leased residential premises are suitable for human habitation. A landlord is subject to liability for physical harm caused to the tenant and others on the leased property by a dangerous condition if the landlord has failed to exercise reasonable care to repair the condition and the condition violates the implied warranty of habitability or a statutory duty.
A promise that goods or newly constructed residential property meet standards of quality, title, or fitness for their intended use. Most jurisdictions recognize an implied warranty that a new home is designed and built in a reasonably workmanlike manner and is suitable for human habitation. Injury to person or property proximately resulting from any breach of warranty gives rise to consequential damages.
Each sense below has its own examples, sources, and questions.
Warren Woods conveyed a parcel to Wesley Wells by general warranty deed. After the transfer, a third party asserted superior title and evicted Wells. Wells recovered damages from Woods under the warranty covenant because the deed promised to defend against all claims and to compensate with other land if title failed.
A general warranty deed contains covenants warranting title against all claims. A special warranty deed warrants title only against claims arising by, through, or under the grantor.
Supporting sources
Whitney Washington leased a condo unit from Walker Valley Produce. A persistent roof leak above the living area caused a ceiling section to detach and injure Washington and a consented subtenant. The landlord's repeated but ineffective sealant applications failed to address the dangerous condition, violating the implied warranty of habitability and exposing the landlord to liability for the resulting physical harm.
Whitney White leased an apartment from Westmont Healthcare. A dangerous condition arising after possession violated the implied warranty of habitability. The landlord failed to exercise reasonable care to repair it, rendering the landlord liable for physical harm to White and consented occupants.
A landlord is liable for physical harm to the tenant or consented occupants if a dangerous condition violates the implied warranty of habitability, the landlord failed to exercise reasonable care to repair it, and the condition existed before or arose after possession.
Supporting sources
Winona Walsh purchased a newly built residence from Westbrook Dynamics. Structural defects rendered the home unsuitable for habitation. Walsh recovered under the implied warranty that the home was designed and built in a reasonably workmanlike manner even though Walsh lacked direct privity with the original builder.
Wendy Wu bought industrial equipment from Wrightway Engineering. A manufacturing defect caused the equipment to malfunction and injure Wu's employee. Wu recovered consequential damages for the personal injury proximately resulting from the breach of warranty.
Wesley Wells bought a recently constructed home from a prior purchaser. Defects in construction made the home uninhabitable. Wells pursued the original builder under the implied warranty of fitness for human habitation recognized in most jurisdictions, though courts remain divided on privity requirements for subsequent buyers.
Most jurisdictions recognize an implied warranty that a new home is built in a reasonably workmanlike manner and suitable for habitation, though courts are split on whether subsequent purchasers lacking privity may enforce it directly against the builder.
Supporting sources
A buyer may recover consequential damages for injury to person or property proximately resulting from any breach of warranty, in addition to incidental damages and other losses the seller had reason to know would result.
Supporting sources
…followed a list of exceptions not here material. The paragraph concluded: "This warranty being expressly in lieu of all other warranties, express or implied, and all other obligations or liabilities on the part of the manufacturer." The purchase order also contained the following: "Dealer makes no warranties, express or…