SECOND SCHEDULE —(Provisions of the Sale of Food and Drugs Act applied.) (Hansard, 13 December 1926)

§ Mr. A. R. KENNEDY
I beg to move, in page 11, line 9, at the end, to insert the words unless the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained in the warranty. The explanation of the Amendment is that Clause 13 of this Bill incorporates the provisions of the Sale of Food and Drugs Acts with regard to warranties, and these provisions are supposed to be set out in this Schedule, but if attention is directed to paragraph 4 of the. Schedule it will he seen that a warranty Liven by a person resident outside Great Britain 2702 shall not be available as a defence to any proceeding under the Act. For some reason there has been an omission of the words in the Amendment, though they occur in the Sale of Food and Drugs Acts, provisions which are supposed to be included in this Bill. These words I seek to add by the Amendment, and they provide, in effect, that though primâ facie the warranty is no defence, it may be a defence if the defendant proves, first, that he has taken reasonable steps to ascertain the accuracy of the statement contained in the warranty and, second, that he did in fact believe the truth of that statement. In view of the fact that this provision is contained in the old standing provisions of the Sale of Food and Drugs Acts with regard to warranty, it will probably seem reasonable to the House that a similar provision should be contained in this Bill.

§ Sir P. CUNLIFFE-LISTER
I think my hon. and learned Friend is quite right in saying that his words should be inserted, and I am much obliged to him for bringing the matter to my notice.

§ Sir P. CUNLIFFE-LISTER
I beg to move in page 11, line 35, after the word "therewith," to insert the words or a statement contained in an invoice. It is my intention in moving this Amendment to make sure that not only should the wording of a statement with the goods be a warranty, but that any invoice dealing with the goods or on account of the goods should be a warranty as well. I think, in fact, my words do not go far enough, in view of the latest decisions, and I shall be glad, therefore, to accept the further Amendment which stands next on the Paper dealing with this point.