What is the test for making a warranty under a contract?
Saskatchewan, Canada
The following excerpt is from Knight Watson Ranching Co. v. C.P.R., 1920 CanLII 128 (SK QB):
At p. 40: If it be part of the contract, it matters not at what period of the negotiations it was made. (Hopkins v. Tanqueray, 15 C.B. 130, at p. 137, 2 C.L.R. 842, 23 L.J.C.P. 162.) If a statement amounts to a warranty the party making it is bound by his warranty. The fact that he may have made the statement in honest mistake, or that the statement may be not in a material matter, cannot be taken into consideration.
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