The Validity of• Warranty
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" AS far as I know the vehicle is mechanically sound."This is an expression commonly used in transactions involving the sale of used commercial vehicles but it does not necessarily constitute a warranty as to a vehicle's roadworthiness.
This was determined last week in the Court of Appeal, which dismissed the appeal by Mr. G. H. Garbett, London, S.E.5, against a decision given at Swansea Assizes in July, 1961. Having decided to set up as a road haulage contractor, Mr. Garhett, in answer to an advertisement, was shown a used vehicle at a yard of the Rufford Motor Co., Ltd., Nottingham by the stores manager. Mr. Garbett agreed to buy the vehicle on hire purchase and was told by the stores manager, in good faith, that "as far as I know the
vehicle is mechanically sound." Subsequently the vehicle proved unsatisfactory and was continually breaking down.
It was agreed at the Court of Appeal that if thee words amounted to a warranty and there had been a breach of that warranty, Mr. Garbett was ,entitled to succeed in his claim for damages. But a warranty as to condition of goods given by a seller (or his representative) to the buyer at the time of sale must be in clear terms. It must also be clear that the assurance given was intended to be a warranty.
In the circumstances of this case, however. the Court considered that the words were so qualified as not to amount to a warranty and the appeal was therefore dismissed.