Gardiner v Gray
| Jurisdiction | England & Wales |
| Judgment Date | 06 March 1815 |
| Date | 06 March 1815 |
| Court | High Court |
English Reports Citation: 171 E.R. 46
KING'S BENCH AND COMMON PLEAS
Applied, Jones v. Bright, 1829, 5 Bing. 533; Powell v. Horton, 1836, 2 Bing, N. C. 668; Shepherd v. Pybus, 1842, 3 Man. & G. 868. Jones v. Just, 1868, L. R. 3 Q. B. 197. Explained and applied, Randall v. Newson, 1877, 2 Q. B. D. 102. Considered, McMullan v Helberg, 1879, 4 L R I. 94, Wallis v Russell, [1902] 2 Ir. R. 585, Niblett v Confectioners Materials Co, [1921] 3 K B 387. Distinguished, Mody v Gregson, 1868, L R. 4 Ex 49. Referred to, Kain v Old, 1824, 2 B. & C. 627, Allan v Lake, 1852, 18 Q B 560, Bristol Tramway & Carriage Co v Fiat Motors Ltd, [1910] 2 K B 831: Summer, Permam & Co. v. Webb & Co, [1922] 1 K. B. 55
[144] Monday, March 6, 1815 gardiner v. gray. ^Where before or at the time of sale a specimen of the goods is exhibited to the buyer, if there be a written contract which merely describes the goods as of a particular denomination,- this is not a sale by sample ; but there is an implied warranty that they shall be of a merchantable...
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...of that kind re commonly bought. If a buyer buys "waste silk" and it is of no use for the purpose of "waste silk", he can reject it, see Gardiner v. Gray (1815) 4 Camp. 144: If he buys dates for food and they arc of no use for food, he can reject them, see Asfar & Co. v. Blundell (1896) 1 Q......
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...of "caveat emptor" (which still applies fundamentally to sale of real estate) was recognised as long ago as 1815 by Lord Ellenborough in Gardiner v. Gray 4 Camp. 144. He stated the principle that where there was a sale by description the purchaser has a right to expect a saleable article a......
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...increased in what are now called ' unascertained or future goods ' and more generally 'goods sold by description'. As early as 1815 in Gardiner v. Gray 4 Camp. 144 Lord Ellenborough stated the rule. Goods had been sold as waste silk: a breach was held to have been committed on the ground th......
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...14 (2) must fail. 15The starting point of the development of the modern law as to merchantable quality is often taken to be the case of Gardiner v. Gray 4 Campbell 144, where Lord Ellenborough 16"He cannot without a warranty insist that it shall be of any particular quality or fitness, but ......
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Table of Cases
....139 Garaj v. De Bernardo (2002), 213 D.L.R. (4th) 661 (Ont. C.A.) .......................... 431 Gardiner v. Gray (1815), 171 E.R. 46; 4 Camp. 144 ................................................ 12 Gariepy v. Shell Oil Co. (2000), 51 O.R. (3d) 181, [2000] O.J. No. 3804 (S.C.J.) ................
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Causes of Action in Product Liability
...that a seller of goods provides a warranty as to their fitness without making an express representation has been codified in Canada 1 (1815), 171 E.R. 46 [emphasis added]. Causes of Action in Product Liability 13 through English and later Canadian (provincial) legislation such as the Sale o......