Express Warranty
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
One expressed by particular words.
2 Bl. Comm. 300.
In the law of insurance. An agree ment expressed in a policy, whereby the assured stipulates that certain facts relating te the risk are or shall be true, or certain acts relating to thesame subject have been or shall. be done, 1 Phil. lus. (4th Ed.) p.
425.
Expressa nocent, non expressa non nocent. Things expressed are [may be] prejudicial; things not expressed are not. Express words are sometimes prejudicial, which, if omitted, had done no harm.
Dig. 30, 1, 52; Id. 50, 17, 195.
See Calvin. Expressi non prosunt que non expressa proderunt.
4 Coke, 73.
The ex: pression of things of which, if unexpressed, one would Lave the benefit, is useless. Expressio eorum qua tacite insunt nihil operatur. The expression or express mention of those things which are tacitly implied avails nothing.
2 Inst. 365.
A man's own words are void, when the law speaketh ply without them are mere words of abundance, 6 Coke, 11.
Expressio unius est exclusio alterius
The expression of one thing is the exclusion of another.
Co. Litt. 210a@.
The express mention of one thing [person or place] implies te exclusion of another. Eixpressio unius persons: est exclusio altering.
Cv. Litt. 210.
The mention of one person is the exclusion of another, See Broom, Max. 651.
Expressum facit cessare tacitum
That which is expressed makes that which is implied to cease, [that is, supersedes it, or controls its effect.} Thus, an implied covenant in a deed is in all cases controlled by an express covenant. 4 Coke, 80; Broom, Max. 651. Expressum servitium regat vel de- Claret tacitum. Let service expressed rule or declare what is silent.