GUARANTEE, OF COURSE, CONVENIENT. A guarantee is a real contract attached to the land and dwelling houses, according to which a man is obliged to defend these lands and dwelling houses against another person; and, in the event of eviction of the utmost importance, to give him land of equal value. 2. Guarantee voucher means the invocation of this guarantor before a court by the party entitled (if it is a tenant in a genuine action for restoration of this land) to defend the claim on its behalf; Co. Litt. 101, b; Com. Dig. Voucher, A 1; Stand, 43 2 Saund. 32, No. 1; And the time of such a voucher is after the applicant has counted. It resides in most real and mixed actions, but not in personal actions.
If the warrant is issued and approved by the court, the guarantor appears voluntarily or issues a court order (called a summons ad warrantizandum) ordering the sheriff to subpoena him. If he presents himself voluntarily or in obedience to this provision and offers the tenant to guarantee the property, it is then called the conclusion of the guarantee; Thereafter, he is considered the tenant in the lawsuit instead of the original tenant. The plaintiff then accuses de novo against him, the guarantor pleads for the new charge and the case continues with the question. 2 Inst. 241 a; 2 Saund. 32, No. 1; Kiosk, 46.3. The guarantee certificate is unknown in practice in the current rarity of real shares. Steph.
Plead. 85. Express guarantees arise from the fact that they form an integral part of the contract of sale. The fact that express warranties are given does not exclude implied warranties. Where there are both express and implied warranties, they should be interpreted so as to be consistent and cumulative, where such interpretation is appropriate. If express and implied warranties cannot be construed as consistent and cumulative, an express warranty will prevail over an implied warranty with respect to the merchant item, except in the case of an implied warranty of fitness for a particular purpose. Express guarantees arise when the seller guarantees the buyer that the product or service offered has certain characteristics. For an express warranty to exist, 1) a statement regarding the product or service must be made to the buyer and 2) the statement must play a role in the buyer`s decision to purchase the product or service. According to contract theory, warranties are based on the seller`s obligations to consumers, which are implicitly or explicitly contained in the sales contract. Safeguards have been developed in part to correct the power imbalance between buyers and sellers in commercial transactions and to ensure stability, regularity and reliability in contractual relations. However, the inherent imperfection of sales contracts and their guarantees, the still unequal bargaining and valuation power between buyers and sellers (especially in the absence of a contractual relationship) and the possibility for sellers to waive such guarantees have raised serious doubts as to the adequacy of the contractual theory, in particular as regards product safety.
These consumer protection concerns have contributed to the adoption of strict tort law, which holds manufacturers liable for almost all infringements due to defects in their products, even if they exercise due diligence in all aspects of the production and distribution process. This likely motivates the manufacturer to ensure product safety and consumer protection in a way that warranty law cannot. In a particular Agreement, the name warranty is used to refer to the provisions of this Agreement (as in The warranties in this Section 5 do not apply if) and to provisions not contained in this Agreement (as in Acme, there are no other express or implied warranties). WARRANTY, contracts. This word has several meanings since it applies to the transfer and sale of land, the sale of property and the insurance contract. 2.-1. The old land guarantee law was full of subtleties and subtleties; he attracted the attention of the eminent authors of English law, and Lord Coke explained that the learning of guarantees was one of the strangest and most cunning ideas in law; but it is now of little use, even in England. The guarantee was a real alliance, under which the donor of a property and his heirs were obliged to guarantee the title; and either on the basis of documentary evidence or on judgment in a writ of warrantia chartae to dispose of other lands up to the value of those of which an expulsion by the superior title Co. Litt.
365; Touchst.; 181 tray. From. H.T.; The heir of the surety was bound only on the condition that he had as assets other lands of equal value by descent. 3. The guarantees were linear and collateral. 4. Sovereign, if the heir has obtained ownership of the secured land from or through the ancestor who gave the guarantee. 5. A security interest existed where the title of the heir was not derived from the guarantor ancestor and nevertheless prevented the heir from claiming the land by means of a security instrument, assuming that he might subsequently have property by descent of or through the ancestor; and it imposed on him the obligation to give the guarantor other land in the event of eviction, provided that he had property.