Is a warranty made at the time of sale a warranty if it appears to have been intended and understood by the parties?

Saskatchewan, Canada


The following excerpt is from Knight Watson Ranching Co. v. C.P.R., 1920 CanLII 128 (SK QB):

Also at p. 39: Any affirmance or representations made at the time of sale is a warranty if it appears to have been so intended and understood by the parties; and 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 on a matter of which the vendor has no special knowledge, and on which the buyer may be expected to exercise his own judgment. (De Lassalle v. Guildford [1901] 2 K.B. 215, 70 L.J.K.B. 533.) Nor is it necessary that the statement or representation should be simultaneous with the close of the bargain;

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