Oral Warranty (Contract)

Gallen v. Butterley, 1984 CanLII 752 (BC CA)

[10] A statement in Anson's Law of Contracts, 25th ed., at p. 126 was adopted by the Supreme Court of Canada in Carman Const. Ltd. v. C.P.R., 1982 CanLII 52 (SCC), (1982) 1 S.C.R. 958, 18 B.L.R. 65, 136 D.L.R. (3d) 193, 42 N.R. 147. It shows that an oral warranty must be strictly proved and that the existence of an intention to contract on the part of all parties must be clearly shown. This test is set out [at p. 966]:

"The question therefore is: On the totality of evidence, must the person making the statement be taken to have warranted its accuracy, i.e. promised to make it good?"

The evidence in this case falls far short of the test propounded there.