United States.—In the United States the common law war ranty accompanying the conveyances of real property seems never to have been known. Personal covenants of title were de veloped in its place and with greater vigour than in England inas much as purchasers were unaccustomed to examine titles with the particularity that is common in England. These covenants of title generally embrace the covenant of seisin or right to convey, the covenant against encumbrances, the covenant for quiet enjoy ment and of warranty. This modern covenant of warranty, which is not recognized in England, is quite different from the common law covenant of warranty. Under this covenant the grantor war rants that he will defend the grantee against all lawful claims by third persons. In some States by statute these covenants are implied from the simple terms granting the estate ; in other States by statute no such covenants are implied but must be express. The quit-claim conveyance ordinarily imports no covenants but as altered by statute in some States it carries with it a covenant of title. In sales of personal property, warranties are governed
by sections 12-16 of the Uniform Sales Act. Any affirmation of fact or promise by the seller relating to the goods and inducing the buyer to purchase them is regarded as an express warranty. In the absence of express warranties the buyer is protected by the implication of warranties of title and quality. In contradistinc tion to the English law of sale, rescission for breach of warranty is permitted. The buyer may tender back the goods and recover the purchase price. (See SALE OF GOODS.) Sections 65 and 66 of the Uniform Negotiable Instruments Law govern the character of warranties that accompany the transfer of negotiable instruments with or without indorsement. Warranty in insurance law operates to relieve the insurer of liability for breach thereof. Legislation commonly provides that no statements of fact made by the in sured shall be regarded as warranties relieving the insurer of liability unless made with the intention to deceive or material to the risk.