A warranty also comes to the fore in any contract of sale whenever such contract is subjected to any condition whereby such is not performed. The promisee therefore, has two options. He may refuse to proceed with the contract by reason of a breach of warranty or he may waive the performance of that condition. To test whether in a contract of sale there is warranty, the pertinent question is whether the buyer is an 'ignorant' buyer who relied on the seller's affirmation of fact or promise or not. If he is, there is warranty. However, in one case, there is no warranty when the purchaser is expected to have an opinion and the vendor has no special opinion (Spencer Heater Co v Abbot).
In the hereinabove definition of warranty, there are 2 kinds of general warranties enumerated i.e. express warranty and implied warranty. A third one, statutory warranty has recently been added via legal enactments. From these 3 categories are engendered several other warranties which may be express or implied depending on the facts of the case.
Express warranty is any affirmation of fact or any pledge by the vendor relating to the goods if the natural inclination of such affirmation or pledge is the inducement of the vendee to buy the same, and if the vendee purchases by reason of such affirmation or pledge. Thus, it is
imperative that such warranty ...Show more