implied warranty

implied warranty
A statement, description, or undertaking by the insured under a marine policy which binds the insured as though expressed in the contract. Procacci v United States Fidelity Ins. Co. 118 NJL 423, 193 A 180. In sale of personal property:-a warranty by the seller of the quality or condition of the goods sold, imposed by operation of law, that is, a warranty inferred by law irrespective of any intention of the seller to create it, 46 Am J1st Sales § 332; a warranty of quality or condition implied from affirmations of the seller made without using technical words of warranty but with apparent intention to warrant, such being a warranty implied in fact rather than a warranty implied in law. 46 Am J1st Sales § 332. The obligation of an indorser of a negotiable instrument, apart from statute. 11 Am J2d B & N § 610.

Ballentine's law dictionary. . 1998.

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