Can a defendant recover for any alleged breach of implied warranty?
Saskatchewan, Canada
The following excerpt is from Advance Rumely Thresher Company v. Keene, 1919 CanLII 262 (SK CA):
In view of the above-quoted clauses, the defendant cannot, in my opinion, recover for any alleged breach of implied warranty. Sawyer-Massey v. Ritchie, 1910 CanLII 27 (SCC), 43 S.C.R. 614, 15 W.L.R. 444.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implied warranties and conditions in the third class of an engine warranty agreement? (Saskatchewan, Canada)
Can an implied warranty be excluded from an order? (Saskatchewan, Canada)
In what circumstances will a defendant deposed in an affidavit that he did not feel the allegations were truthful or justified? (Saskatchewan, Canada)
Does Defendant have to amend his statement of defence to include an allegation that there were 200 acres broken on this land? (Saskatchewan, Canada)
What is the liability of a party in breach of a contract when the contract is breached? (Saskatchewan, Canada)
Does the warranty as to durability of a machine warranty extend to a machine made of good material and durable with good care and proper usage? (Saskatchewan, Canada)
In what circumstances will a defendant deny that he went outside into the yard with the mother of the child on the night of the alleged conception? (Saskatchewan, Canada)
Can a plaintiff recover damages from a veterinary surgeon who alleges that the horse was not fit to sell at the time of sale? (Saskatchewan, Canada)
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
What is the test for a doctor who breached the implied contract by treating a patient in a hospital? (Saskatchewan, Canada)
