CHAPTER II. 



WARRANTY AND SALE FOR SPECIFIC PURPOSE. 



Warranty generally, 37. Distinction between Warranty and Representa- 

 tion, 38. General, Express, and Implied Warranties, 39. Construc- 

 tion of Warranties, 40. Verbal, Age, Time, and Height Warranties, 

 41-44. Proof of Warranties, 45. Unsoundness, 46. Causes of 

 Unsoundness, Diseases affecting Wind and Limb, Blindness and other 

 Diseases, 46-52. Vice, 53-55. Blemishes, 56. Effect of Breach of 

 Warranty, 57. Sale for a Specified Purpose, 58. Trial before 

 Rejection, 59. Rejection, 60. Acts -which bar Rejection, 61. Effect 

 of a Time Limit for Rejection, 62-63. Requisites, Effects, and Com- 

 petency of Rejection, 64-65. Sale and Warranty by an Agent or 

 Servant, 66. 



37. Warranty Generally, (a) — In England a warranty in 

 sale is a collateral undertaking, forming part of the contract 

 by tlie agreement of parties, express or implied ; (6) in 

 Scotland it is an essential condition forming part of tlie 

 contract of sale ; consequently, if tlie warranty be broken, 

 tbe sale is reducible ; (c) but in England it is a separate 

 contract from tlie sale, and the sale stands though the 

 warranty is broken, the buyer's remedy being damages for 

 breach of it only, unless there be separate agreement that 

 the horse is to be returned if not up to the warranty. (<:Z) 



As already indicated, the rule caveat emj^tor applies in the 

 jDurchase of a horse, fe) and, unless a warranty be given, or 

 there be fraud,(/) the buyer has no redi'css ; ([/) and if a 



(a) On this subject see Ersk. iii. 3, 10, n ; B.C. i. 466, n ; Smith's Mercantile 

 Law, p. 649. 

 (6) Benj. 607. 



(c) Rank. Ersk. Pr. iii. 3, 4. (d) See § 57. (c) See §§ 9, 7. 



{/) §§ 30-35 ; Koufjh v. iMoir, 1875, 2 R. 529. 

 {rj) B. Pr. 97. 



41 



