1. The expression 'warranty' legally signifies? Please select all that apply.

a term of a contract as opposed to a representation.

The term 'warranty' is used to distinguish between a term (warranty) and a mere representation, and also to distinguish between terms that give no right to termination upon breach (warranties) and terms that do (conditions). Service contracts for electrical and similar items are not really good examples of the use of 'warranty' in the legal sense, although they are, of course, separate contractual agreements (for which one pays, often heavily), containing a number of terms providing for what will happen if a fault develops.

Reference: Sections 5.1.2, 5.4.1

If warranties legally don't signify service or maintenance contracts, which are misstated as Warranties, then how do the legal definition of "warranty" relate to service or maintenance contracts? Why did corporations start misnaming service or maintenance contracts Warranties?


Because English loves homophones

A lot of words in English have more than one meaning. The current front runner is run with 645 definitions in the OED.

Understanding English requires more than knowing the definitions, it requires understanding the context.

Warranty in a contract law context means a term the breach of which does not justify terminating the contract. Or a term of a contract rather than a representation about the contract, depending on context.

Warranty also has a common meaning that makes it a synonym of guarantee.

It can also mean a court order calling for the arrest of someone (an arrest warrant) or to search a premises (a search warrant).

It can also mean the authorization from the government to act as a high ranking NCO in a military service - NCOs hold warrants, officers have commissions.

Among others ...

  • Thanks. But this doesn't completely answer my question. Why was "warranty" associated with maintenance contracts? Why wasn't another word used?
    – NNOX Apps
    Feb 28 at 5:23
  • Try posting that question on English SE. They do etymology.
    – Dale M
    Feb 28 at 8:06

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