Implied warranty

A warranty raised by the law as an inference from the acts of the parties or the circumstances of the transaction. Thus, if the seller of a chattel have possession of it and sell it as his own, and not as agent for another, and for a fair price, he la understood to warrant the title.

2 Kent, Comm. 478.

A warranty implied from the general tenor of an instrument, or from particular words used in it, although no express warranty is mentioned. Thus, in every policy of insurance there is an implied warranty that the ship is seaworthy when the policy attaches.

3 Kent Comm. 287; 1 Phil. Ins. 308.