Roscorla v Thomas: KBD 30 May 1842

The plaintiff contracted to buy a horse from the defendant which the defendant said was free of vice. Instead it was very vicious, restive, ungovernable and ferocious.
Held: Absent an express promise no warranty would be implied, but in this case there was an express promise: ‘the question is, whether that fact will warrant the extension of the promise beyond that which would be implied by law; and whether the consideration, though insufficient to raise an implied promise, will nevertheless support an express one. And we think that it will not.’
Lord Denman CJ
[1842] EWHC KB J74, (1842) 114 ER 496
Bailii
England and Wales

Updated: 24 February 2021; Ref: scu.264569