Schawel v Reade

Facts

The buyer of a horse was about to examine it. The seller told him not to look, the horse was perfectly sound, and any fault would have been disclosed. The buyer bought without examining.

Issue

Was that a warranty?

Held

Yes. The House of Lords held the statement was a term.

Principle

A statement that stops the other party making their own check is readily held to be a warranty.

Why it matters

it as the horse case beside Bannerman v White.

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