Implied warranty

“ An implied warranty is in the nature of a condition precedent to the inception of the contract, without the performance of which it never takes effect. The duty of keeping the vessel in a seaworthy state is a continuing obligation, consequent upon the contract; the breach of which will not destroy it, though it will visit upon the insured the consequences of such breach. ”

“ In many cases, doubtless, they know more about the quality and condition of the things they buy than the inexperienced salesmen who are behind the counters, so they need no protection from the law; when they do need it a warranty may serve [261] a good purpose. In articles concerning which the seller does possess a superior knowledge, precious stones, drugs, medicines, and the like, the modern law has raised an implied warranty for the buyer's protection. In this class of cases the buyer and seller do not deal on equal terms. The vendor is professedly an expert. ”

“ All the facts are present which, upon any view of the adjudged cases, must be held essential in an implied warranty. The transaction was, in effect, a sale of this false work, constructed by a company whose business it was to do such work; to be used in the same way the maker intended to use it, and the latent defects in which, as the maker knew, the buyer could not, by any inspection or exam nation, at the time discover; the buyer did not, because in the nature of things he could not, rely on his own judgment ”

“ The authorities to which we have referred, although differing in the form of stating the qualifications and limitations of the general rule, yet indicate with reasonable certainty the substantial grounds upon which the doctrine of implied warranty has been made to rest. ”

“ And the description of the stevedore's obligation as one of performance with reasonable safety is not a reference to the reasonable man test pertaining to negligence, but a delineation of the scope of the stevedore's implied contractual duties. The implied warranty to supply reasonably safe equipment may be satisfied with less than absolutely perfect equipment ”

“ Consumer goods work the same way. Someone who wants to buy a radio set visits a store, pays, and walks out with a box. Inside the box is a leaflet containing some terms, the most important of which usually is the warranty, read for the first time in the comfort of home. By Zeidenberg's lights, the warranty in the box is irrelevant; every consumer gets the standard warranty implied by the UCC in the event the contract is silent; yet so far as we are aware no state disregards warranties furnished with consumer products. ”

“ Another remedy, which is universally allowed, is to sue for whatever damage the breach of warranty may have caused, and one or two cases will show how serious these damages may be. A seller sells a pair of sheep to a buyer with a warranty, express or implied, of their soundness. They have an infectious disease, and when put with a large flock of the buyer's sheep they infect the whole flock, and the damage is the loss of the whole flock. ”

“ In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor. ”

“ The retailer, even though not equipped to test a product, is under an absolute liability to his customer, for the implied warranties of fitness for proposed use and merchantable quality include a warranty of safety of the product. ”

“ It is also an implied condition of the ship being warranted neutral that to the utmost of the insured’s power she must carry the papers necessary to establish her neutrality, must not falsify or suppress these papers, or use simulated papers; if this condition is broken the insurer can avoid the contract. The words of an express warranty are always to be taken in their commercial sense ”

“ Scotland.—The term corresponding to warranty in the law of heritable property is “warrandice.” Warranty, strictly speaking, seems confined to movables. Warrandice appears early in Scots law, the heir by Regiam Majestatem being bound to warrant the reasonable donations of his ancestor. Warrandice in the existing law is either real or personal. Real warrandice is that whereby warrandice lands are made over, as indemnity for those conveyed, to assure the person to whom they were conveyed from loss by the appearance of a superior title. Real warrandice is implied in excambion. ”

“ By the civil law, which prevails in Louisiana, warranty, while not of the essence, is yet of the nature, of the contract of sale, and is, therefore, implied in every such contract unless there be an express stipulation to the contrary. Bayon v. Vavasseur, 10 Mart. (La.) 61; Strawbridge v. Warfield, 4 La. 23. The following provisions on the subject of warranty are found in the Louisiana Code: 'The seller is bound to two principal obligations, that of delivery and that of warranting the thing which he sells.' Civ. Code, art. ”

“ A warranty, express or implied, that rags sold are fit to be manufactured into paper, is broken not only if they will not make good paper, but equally if they cannot be made into paper at all without killing or sickening those employed in the manufacture. ”

“ If the vendor will not agree to any express warranties, you at least want the contract not to negate the implied warranties of merchantability and fitness for a particular purpose, which can provide important protections in the event that the vendor or the product does not perform as promised or expected. ”

“ This provision, for example, bars an automobile manufacturer from voiding a warranty if a consumer has scheduled maintenance performed by someone other than the dealer, prohibits a printer manufacturer from conditioning its warranty on the purchaser’s use of the manufacturer’s branded ink, and forbids a smartphone manufacturer from voiding a warranty when a consumer has a new battery installed at a kiosk at the mall. ”

“ He may refuse to receive the article at all. 2. He may receive it, and bring a cross action for the breach of the warranty. 3. He may, without bringing a cross action, use the breach of warranty in reduction of damages in an action brought by the vendor for the price.' The annotator proceeds to say, 'that it was once thought, and, indeed, laid down by Lord Eldon, in Curtis v. Hanney, 3 Esp., 83, that he might, on discovering the breach of warranty, rescind the contract, return the chattel, and, if he had paid the price, recover it back. ”

“ Hidden defects are those which could not be discovered by simple inspection. (Civ. Code, art. 2,497.) In case the seller desires to rescind the contract by reason of the breach of such a warranty, he may do so by an action of redhibition. ”

“ If it be true that the failure of a vendee to exact a warranty when he takes a written contract precludes him from showing a warranty be parol, a multo fortiori when his written contract contains a warranty on the identical question, and one in its terms inconsistent with the one claimed. ”

“ A general contract to supply a pure article is not a sufficient warranty unless with every delivery there is something to identify the delivery as part of the contract. An invoice containing merely a description of an article as ``lard'' or ``pepper'' is not a warranty; but if there be added the words ``guaranteed pure'' it is a sufficient warranty. A label upon an article is not in itself a warranty, but a label bearing the words ``pure'' or ``unadulterated,'' coupled with an invoice which could be identified with the label, together were held to form an effective warranty. ”

“ In case of a breach of warranty, the person to whom the warranty has been given may sue without a return of the goods. He is not obliged to rescind the sale. Thus the law is stated by Kent, 4 Com. 480. In Man. ”

“ If the buyer relied, and under the circumstances had reason to rely, on the judgment of the seller, who was the manufacturer or maker of the article, the law implies a warranty that it is reasonably fit for the use for which it was designed, the seller at the time being informed of the purpose to devote it to that use. ”

“ Moreover, to impose strict liability on the manufacturer under the circumstances of this case, it was not necessary for plaintiff to establish an express warranty as defined in section 1732 of the Civil Code. [2] [6] A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being. ”

“ Shall he be told that he must rely solely on the insolvent vendor's warranty?
If the purchaser has dealt with his eyes open, and with a knowledge of the facts,-has obtained and yet peaceably enjoys the possession,-he may have no right to anticipate his legal remedy upon the warranty to which he has fairly trusted. But it would be unjust to throw a party upon a warranty in a case where, from the fraud of the other party, he did not think he should ever have need to rest upon it. To hold him bound in such a case would be to make, not to enforce, a contract. ”

“ But trouble and expense incurred by the seller of finding a new purchaser or other goods may be taken account of in assessing the damages.
Where the goods delivered are not as contracted the buyer may as a rule sue the seller for a breach of warranty, or set it up as reduction of price. ”

“ Its purpose is to decrease litigation, and make men rely upon their own judgment. If a purchaser is unwilling to rely upon his own judgment, he must exact a warranty from the seller. In the absence of warranty or fraud, the purchaser must abide by the result of his purchase. If the article purchased has defects apparent to anyone upon inspection, the purchaser cannot complain. ”

“ The principal distinction between a warranty in connection with sale of personal property, and in connection with contracts of insurance, is that in the former case, breach of warranty usually does not discharge the contract, but simply gives rise to an action for damages, while in case of contracts of insurance, breach of warranty discharges the contract itself. Life insurance companies generally require formal written application by which the applicant for insurance is required to answer questions. ”

“ Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, this Court in the Coos County case simply followed a general doctrine commonly applied to warranties in all types of insurance. [9] A mere cursory examination of the cases, state and federal, will disclose that through the years this common-law doctrine, when accepted, has been treated not as an admiralty rule but as a general warranty rule applicable to many types of contracts including marine and other insurance. [10] There are very few federal cases on marine insurance in which the strict breach of warranty rule has even been considered. ”

“ The point of the assignment of error is that the prosecution of these suits upon the respective warranties therein propounded, and the recover of a part of the demands under the said warranties, namely, the prices of the lands, operated as a waiver and discharge of the other liabilities arising upon the same warranties, viz., the liabilities to restore the rents, revenues, etc.; that the contract of warranty is one and undividable ”

“ The action sounding in tort, the plaintiff, in order to charge the defendant, must show, in addition to his undertaking, some act by him, that is, a sale; but the owner was the seller, and not the friend or servant, in the cases supposed. A contract, again, is, properly, a promise to act or forbear in the future. But the action under discussion must be, as Choke, J., said, in the same case, upon a warranty of a thing present, and not of a thing to come. A vendor who gives a false warranty may be charged to-day, of course, in contract ”