WAERAHTY. 



107 



(1) Where the buyer, expressly or by implication, makes 



known to the seller the particular purpose for which 

 the goods are required, so as it show that the buyer 

 relies on the seller's skill or judgment, and the 

 goods are of a description which it is in the course 

 of the seller's business to supply (whether he be the 

 manufacturer or not) there is an implied condition 

 that the goods shall be reasonably fit for such pur- 

 pose, provided that in the case of a contract for the 

 sale of a specified article under its patent or other 

 trade name, there is no implied condition as to its 

 fitness for any particular purpose : 



(2) Where goods are bought by description from a seller 

 who deals in goods of that description (whether he 

 be the manufacturer or not), there is an impHed 

 condition that the goods shall be of merchantable 

 quality ; provided that if the buyer has examined 

 the goods, there shall be no implied condition as 

 regards defects which such examination ought to 

 have revealed : 



(3) An implied warranty or condition as to quahty or 

 fitness for a particular purpose may be annexed by 

 the usage of trade. 



(4) An express warranty or condition does not negative 



a warranty or condition impHed by this Act unless 

 inconsistent therewith." 



The reason laid down for requiring a warranty of sound- Eeason for 

 ness in buying a horse is, that it is well known they have reqmring a 

 secret maladies which cannot be discovered by the usual '^^'^^'°- ^^ 

 trials and inspections, and that a warranty prevents the 

 purchaser from being damnified by those latent defects 

 against which no prudence can guard ; as it differs from 

 the case of a manufactured article, where a merchant, by 

 providing proper materials and workmanship, may prevent 

 defects (t). And the late Mr. Youatt said, " A man should 

 have a more perfect knowledge of horses than falls to the 

 lot of most of men, and a perfect knowledge of the vendor 

 too, who ventures to buy a horse without a warranty " (u). 

 But the same, mutatis mutandis, may very justly be said of 

 a person who ventures to give a warranty on the sale of a 

 horse. 



If a buyer, however, means to protect himself from Buyer should 



(t) 1 Rol. Abr. 90; 

 Bright, 5 Bing. S44. 



Jones V . 



[u) Lib. U. K. 

 368. 



"The Horse," 



