Warranty in the context of "Guarantee"

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⭐ Core Definition: Warranty

In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured.

In contract law, a warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", and therefore only entitles the innocent party to damages if it is breached, i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee: it is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages.

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Warranty in the context of Wear and tear

Wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging. It is used in a legal context for such areas as warranty contracts from manufacturers, which usually stipulate that damage from wear and tear will not be covered.

Wear and tear is a form of depreciation, which is assumed to occur even when an item is used competently and with care and proper maintenance. For example, repeated impacts may cause stress to a hammer's head. This stress is impossible to prevent in the normal use of the tool for its designed task, and any attempt to avert it impedes its functionality. At the same time, it is expected that the normal use of a hammer will not break it beyond repair during a reasonable life cycle.

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