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Schawel v Reade [1913] 2 IR 81

The claimant purchased a horse from the defendant. The claimant went to see the horse and had told the defendant that he wished to use the horse for stud purposes. Whilst he was examining the horse, the defendant told him that the horse was sound. He stated that if there was anything wrong with the horse he would tell him and told him there was no need to get a vet to check him out. In reliance of these statements the claimant purchased the horse which turned out to have a hereditary eye disease and was therefore not able to be used as a stud.

Held:

The statement was a contractual term. The defendant had assured him he could rely on his word and the claimant had communicated the purpose for which the horse was to be used. The defendant was thus in breach of contract.

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