James Williams

“ Scotland.—The term corresponding to warranty in the law of heritable property is “warrandice.” Warranty, strictly speaking, seems confined to movables. Warrandice appears early in Scots law, the heir by Regiam Majestatem being bound to warrant the reasonable donations of his ancestor. Warrandice in the existing law is either real or personal. Real warrandice is that whereby warrandice lands are made over, as indemnity for those conveyed, to assure the person to whom they were conveyed from loss by the appearance of a superior title. Real warrandice is implied in excambion. ”

“ In all cases of implied warranty the warranty may be excluded by the special terms of the contract. For breach of warranty an action may be brought directly, or the breach may be used as ground for a counter claim or for reduction of damages, but the breach will not in the case of a warranty proper entitle the person suffering by it to a rescission of the contract. Thus in a sale the property passes although the warranty be broken. In some cases warranties on sale are the subject of statutory enactments, as the Merchandise Marks Acts and the Sale of Food and Drugs Acts. ”