''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

. It stands for the distinction between warranties and mere affirmations and announced the rule of ''

caveat emptor ''Caveat emptor'' (; from ''caveat'', "may he/she beware", a subjunctive form of ''cavēre'', "to beware" + ''ēmptor'', "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, ''caveat emptor'' is the contra ...

'' (buyer beware).

Facts

In 1603, a man paid £100 for what he thought was a

bezoar A bezoar stone ( ) 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 o ...

stone. This is a stone that forms in animals' intestinal systems, and was believed to have magical healing properties. The seller (Chandelor) said it was a bezoar stone, which turned out to be false. The buyer (Lopus) 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 The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the , or King's Council, the Exchequer of Plea ...

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 v Lopus'' long stood as an impediment to any common law development of

consumer protection Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...

systems. Only in the nineteenth century did the law begin to evolve a doctrine of

implied warranty In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warr ...

. This judgment predated a

''Pasley v Freeman'' (1789) 3 TR 51. recognition of fraudulent misrepresentation by 180 years.

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 case law 1603 in English law

Facts

Judgment

Significance

See also

References