10 CONDITIONS AS TO QUALITY. 



artilice to disguise them, and to prevent their being discov- 

 ered by the purchaser. The very object of such a stipulation 

 is to put the purchaser on his guard, and to throw upon him 

 the burden of examining all faults both secret and apparent. 

 I may be possessed of a horse I know to have many faults, 

 and I wish to cfet rid of him for whatever sum he will fetch. 

 I desire my servant to dispose of him, and instead of giving 

 a Avarranty of soundness, to sell him with all faults. Having 

 thus laboriously freed myself from responsibility, am I to be 

 liable if it be afterwards discovered that the horse was 

 unsound ? "(a) 



It would also appear that specific animals sold by descrip- 

 tion may be rejected even when examined by the buyer, if 

 of a different kind from those described, provided the differ- 

 ence was not apparent on inspection,(6) and if bought for a 

 purpose known to the seller they must be reasonabl}^ fit for 

 that purpose, (c) 



By the Mercantile Law Amendment Act,(d) there is no 

 longer an implied warranty against latent defects m the sale 

 of horses, the actual condition of which may be ascertained 

 by either party. (e) Under § 5 of this statute, "where 

 goods" (horses are held included under this term(/)) "shall, 

 after the passing of this Act, be sold, the seller, if at the time 

 of the sale he was without knowledge that the same were 

 defective or of bad quality, shall not be held to have 

 warranted their sufficiency ; but the goods Avith all their 

 faults shall be at the risk of the purchaser, unless the seller 

 shall have given an express warranty (g) of the quality or 

 sufficiency of such goods, or unless the goods have been 



(a) Per Lord Ellenborough in Baglelwh v. Walters, 1811, 3 Camp. 154, approved 

 in Ward v. Hobhs, 1878, 4 App. Ca. 13, 27, 29. 



(6) Jaffe V. Ritchie, 1860, 23 D. 242 ; Carter v. Campbell, 1885, 12 R. 1075. 



(c) Jones, cit. Fleming v. Airdrie Iron Co., 1882, 9 R. 473 ; see § 58 where 

 Mercantile Law Amendment Act applies. 



{d) 19 & 20 Vict. c. 60. 



(e) B. Pr. 97 A. 



(/) Youwj V. Giffcn, 1858, 21 D. 87. 



(</) Scott V. Steel, 1857, 20 D. 253. 



