| 1892 - 850 Seiten
...determining whether a warranty is intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an...matter of which the vendor has no special knowledge.' In the former case there is a warranty. In this case there was a representation of a particular matter... | |
| 1915 - 354 Seiten
...1. Warranty is a matter of intention. A decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion, or his judgment, upon a matter of which the vendor has no special knowledge, and on which the buyer may... | |
| 1915 - 364 Seiten
...1. Warranty is a matter of intention. A decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion, or his judgment, upon a matter of which the vendor has no special knowledge, and on which the buyer may... | |
| New South Wales. Supreme Court - 1915 - 604 Seiten
...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...to have an opinion and to exercise his judgment.' " With all deference to the authority of the Court that decided that case, the proposition which it... | |
| P. Irāmaṉātaṉ, Hector A. Jayewardene, K. Balasingham - 1916 - 578 Seiten
...whether a representation is intended as a warranty or not " whether the vendor assume to assert a fact of which the buyer is ignorant, or merely states-...vendor has no special knowledge, and on which the buj-er may be expected to have an opinion and to exercise his judgment,' have been specifically disapproved... | |
| 1901 - 1102 Seiten
...fact of which the buyer is ignorant, or merely state* an opinion or judgment upon a matter of wliioh the vendor has no special knowledge, and on which...opinion and to exercise his judgment. In the former case it. is a warranty, in the latter not." Now. if such an assertion constitutes a, warranty on the i-ale... | |
| Michael G. Bridge - 1998 - 722 Seiten
...the test for warranty as follows:56 [A] decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an...has no special knowledge, and on which the buyer may also be expected to have an opinion and to exercise his judgment. 47 Couchman v. Hill, n. 44 above;... | |
| J. I. Clark Hare - 2003 - 718 Seiten
...admirable treatise on sales,1 says : " A decisive test is, whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an...or judgment upon a matter of which the vendor has ho special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise... | |
| Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1922 - 752 Seiten
...judgment upon a matter of which the seller had no special knowledge, and on which the purchaser might be expected also to have an opinion and to exercise...his judgment. In the former case there is a warranty and in the latter case there is no warranty. Kenner v. Harding, 85 111. 264; Roberts v. Applegate,... | |
| De Witt Clinton Blashfield - 1927 - 1154 Seiten
...warranty is a matter of intention.88 A decisive test is whether the seller assumes to assert a fact of which the buyer is ignorant, or merely states an opinion, or his judgment upon a matter of which the seller has no special knowledge, and on which the buyer may... | |
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