''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
. It stands for the distinction between warranties and mere affirmations and announced the rule of ''
caveat emptor'' (buyer beware).
Facts
A man paid £100 for what he thought was a
bezoar
A bezoar is a mass often found trapped in the gastrointestinal system, though it can occur in other locations. A pseudobezoar is an indigestible object introduced intentionally into the digestive system.
There are several varieties of bezoar, s ...
stone. This is a stone that forms in animals' intestinal systems, and was believed to have
magical healing properties. The seller said it was a bezoar stone, which turned out to be false. The buyer sued for the return of the £100 purchase price.
How the
claimant
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
discovered that the bezoar did not work is not discussed in the report.
The issue for the court was whether the sales pitch had been the usual big talk of the market merchants in the plying of their wares, or if there had been indeed an actual deceit in the transaction.
Judgment
The
Exchequer Court held the buyer had no right to his money back, saying "the bare affirmation that it was a bezoar stone, without warranting it to be so, is no cause of action." The majority of the judges held that the buyer was required to show either that the seller knew the stone was not a bezoar, in which case the seller was liable for deceit, or that the seller had warranted (contractually guaranteed) that the stone was a bezoar, in which case the seller would be liable for breach of warranty. Since the seller in this case was not alleged to have done either of these things, the buyer's claim failed.
Significance
''Chandelor'' long stood as an impediment to any common law development of
consumer protection systems.
Only in the nineteenth century did the law begin to evolve a doctrine of
implied warranty.
This judgment predated a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
[Pasley v Freeman (1789) 3 TR 51.] recognition of fraudulent misrepresentation by 180 years.
See also
*''
Cross v Gardner
A cross is a geometrical figure consisting of two intersecting lines or bars, usually perpendicular to each other. The lines usually run vertically and horizontally. A cross of oblique lines, in the shape of the Latin letter X, is termed a s ...
'' (1689) Cart. 90,
Lord Holt CJ held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’
*''
Heilbut, Symons & Co v Buckleton
''Heilbut, Symons & Co v Buckleton'' 912UKHL 2is an English contract law case, given by the House of Lords on misrepresentation and contractual terms. It held that a non-fraudulent misrepresentation gave no right to damages. This was decided dec ...
''
913
__NOTOC__
Year 913 ( CMXIII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* June 6 – Emperor Alexander III dies of exhaustion while playing ...
AC 30
*''
Oscar Chess Ltd v Williams''
957
Year 957 ( CMLVII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* September 6 – Liudolf, the eldest son of King Otto I, dies of a violent fever ne ...
1 WLR 370
References
* {{cite book, first=John William, last=Smith, authorlink=John William Smith (legal writer), title=A Selection of Leading Cases on Various Branches of the Law, volume=1, date=1888, publisher=Charles H Edson and Co., edition=9, pages=319–353, url=https://books.google.com/books?id=8AI9AAAAIAAJ&pg=319
English incorporation case law
Exchequer of Pleas cases
1603 in law
1603 in English law