TABLE OF CONTENTS. 



XVU 



PAGE 



There must bo moral Fraud 150 



EjGfect of Fraud id. 



How the Question of Fraud is to be 



decided id. 



Falsehood must be followed by Da- 

 mage id. 



A naked Lie no cause of Action .... 151 



Presumption that Person defrauded 

 was influenced by the Misrepresen- 

 tation id. 



Due Caution must always be observed id. 



Not Fraud to suppress what there is 



no Duty to communicate id. 



Requisites to an Action for False Re- 

 presentation 152 



Or on Breach of Warranty id. 



Caveat I^inptor id. 



A visible Defect and a nude Assertion id. 



Dealing Talk id. 



Collateral Fraud does not avoid a 



Contract 153 



A Foolish Bargain id. 



Representation known to be untrue . . id. 



Made before a Sale by Auction .... id. 



Made by a Bidder at an Auction .... 154 



Representation not known to be true. id. 



A well-grounded Belief id. 



Delusion affecting the Contract .... id. 



Representation to prevent Inquiries . . id. 



Representation through a Third Party 1 5 5 



Representation by a Thml Party .... id. 



A hona fide Representation id. 



Representation as to Credit id. 



PAGE 



Sale of Goods " with all Faults" ex- 

 cludes latent Defects 156 



Unless there be an express Warranty id. 



Or Fraud is used to conceal them .... id. 



Plugging, &c 158 



Ward V. Uobbs id. 



Contract made voidable by Fraud . . id. 



Where Fraud is practised upon the 

 Buyer 159 



Except where it works Injustice .... id. 



Where he continues to deal with the 

 Article id. 



Where Fraud is practised upon the 

 Seller id. 



Resale by the Buyer to an innocent 

 Vendee id. 



Contract with intent to cheat the 

 SeUer 160 



Preconceived Design of not Paying 

 for Goods id. 



Question for the Jury id. 



Resale at a reduced Price id. 



Unstamped Agreement admissible to 

 prove Fraud id. 



Payment by a Cheque which is dis- 

 honoured 161 



Fraud of an Infant id. 



Of a Married Woman id. 



Where a Contracting Party is Weak- 

 minded 162 



Drunkenness of a Contracting Party . id. 



Goods kept by the Party when sober . id. 



CHAPTEE VIII. 



BREACH OF WARRANTY. 



Beeach of Waeeanty. 



Buyer neither bound to tender the 



Horse nor give Notice 163 



Seller not bound to take back the 



Horse id. 



Unless the Contract was executory ] 64 



Street v. Blaij id. 



Judgment of the Court of King's 



Bench id. 



Lord Eldon's Opinion discussed. 165 

 Evidence in Mitigation of Da- 

 mages 166 



Unfitness for a particular Pur- 

 pose id. 



An intermediate Profit id. 



Acts of Ownership inconsistent 



with Trial 167 



Confirmed by a later Case id. 



Goods are retiu-nable where there 



is Fraud 168 



But not for Non-correspondence 



with Sample id. 



O. 



Beeach of Waeeakty — continued. 



Agreement that a Horse is to be 

 returned if Unsound 



Head v. Tattersall 



Or unsuitable 



Or unfit for a particular Purpose . . 



Verbal Offer after Sale to take back 

 the Horse 



Where Goods should be returned 

 immediately 



Or the Contract becomes complete . 



Where Buyer should tender the Horse 



Sale after Tender 



Notice instead of Tender 



Length of Time before Notice .... 



Seller should have the Horse ex- 

 amined 



Breach of AVarranty no Defence to 

 an Action on a Bill of Exchange 



Unless there be a total Failure of 

 Consideration 



Sale by Order of Coui't 



b 



168 

 169 



id. 

 170 



id. 



id. 

 id. 

 id. 

 171 

 id. 



172 



id. 



id. 

 id. 



