When looking at a statement to see if a warranty was given: ‘In determining whether it was so intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion and to exercise his judgment.’
A statement purporting to be a contractual promise in a collateral contract must be promissory in nature or effect rather than representational: ‘In determining whether it was so intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion and to exercise his judgment.’
Judges:
A L Smith MR
Citations:
[1900-3] All ER 495, [1901] 2 KB 215
Jurisdiction:
England and Wales
Cited by:
Cited – Heilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
Lists of cited by and citing cases may be incomplete.
Contract, Negligence
Updated: 03 August 2022; Ref: scu.216361
