DAMAGES. 199 



It is illegal to bring a glandered horse into a public 

 market or fair (s), but there is nothing illegal in a simple 

 sale ; therefore a person who sold a glandered horse with- 

 out a warranty and without misrepresentation was held 

 not responsible for disease communicated to other horses 

 of the purchaser's in the stable to which he removed it (a) . 

 But a breach of statutory duty may not constitute the 

 foundation for a private right of action. A statement that 

 the purchaser of a horse must take it " with all faults " 

 and that the vendor will give no warranty with it, and will 

 refuse all future claim for compensation (where the vendor 

 does nothing to conceal the defect), relieves the vendor 

 from all liability in respect of any defect in the horse 

 itself (5). If such a statement were followed by a decla- 

 ration of the vendor (who knew the reverse) that he knew 

 the animal to be free from objection, there might be ground 

 for an action of deceit (c) . Thus where a statute prohibited 

 persons from sending animals infected with a contagious 

 disease to market, and inflicted penalties on any person so 

 sending them, the act of sending them, if known to be so 

 infected, was a public offence, but did not amount by 

 implication to a representation that they were sound, and 

 did not itself raise as between the vendor of the animals 

 and the purchaser of them any right of the purchaser to 

 claim damages in respect of an injury he had suffered in 

 consequence of their purchase {d). But it seems that if 

 the defendant had sent tainted animals into the public 

 market-place, and the plaintiff's animals, in that public 

 place, by contact or neighbourhood had been infected, and 

 the plaintiff suffered loss, that he might have recovered 

 damages for that loss (e). 



{z) 57 & 58 Yict. c. 57, s. 22, (J) Ward v. Sobis, i App. Cas. 



(xxxv., ixsvi.), Glanders or Farcy 13 ; 48 L. J., Q. B. 281 ; 40 L. T., 



Order, 1894, 9 (a). N. S. 73 ; 27 W. E. 114. 



(a) Sill V. Sails, 2 H. & N". 299 ; (c) Ibid., per Lord Cairns, C. 



27 L. J., Ex. 46. And see per (d) Ward y. Sobbs, mite, note {i). 



WiUes, J., L. R., 1 C. P. 563. (e) Ibid., per Lord Cairns. 



