• 2007 - Warranty of Bailor Limited
  • C-52.08
    • Bailment
    • Contracts
    • Products Liability
  • The implied warranty imposed on the bailor is limited when the contract allows the bailee to inspect the property before using it. In these circumstances, there is no right to recover for breach of obligation or warranty of reasonable fitness if the bailee fails to properly inspect the goods for fitness for their purpose or if the bailee fails to give notice of any defects found to the bailor and to provide the bailor an opportunity to replace the defective property. The bailee cannot neglect to properly exercise the right to inspect the property or continue to use the property once a defect is found and then, after the bailment is over, claim damages for breach of the warranty without having given the bailor the opportunity to make good on the warranty.
    • Motion Pictures for Television, Inc. v. ND Broadcasting Co., 87 NW2d 731 (ND 1958)
  • Notes: