What is the implied condition of an express warranty?

Saskatchewan, Canada


The following excerpt is from Marshall v. Ryan Motors Ltd., 1921 CanLII 126 (SK QB):

I am of opinion that the express warranty would not exclude the implied conditions. “Condition” is hot mentioned at all in the above-quoted provision; moreover the use of the words “has been made” would indicate that only express warranties, guarantees and representations were intended to be excluded. Merely asking for an automobile would, in my opinion, sufficiently make known to the seller the particular purpose for which it was required. Priest v. Last [1903] 2 K.B. 148, 72 L.J.K.B. 657.

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