Court case(1878) 4 App Cas 13

Hobbs sent pigs to a public auction where they were sold 'with all faults', subject to a condition that no warranty would be given. Ward bought them. The pigs were suffering from typhoid fever, as Hobbs knew; several died and they infected Ward's other pigs. Ward sued, contending that by exposing diseased pigs for sale Hobbs had impliedly represented them to be sound, or at least was bound to disclose the disease.

The House of Lords held for the seller. Mere silence as to a defect is not a misrepresentation; the seller was under no duty to disclose, and sending the pigs to market was not a representation of soundness, particularly as they were sold 'with all faults'. The buyer had the opportunity to examine and chose to buy; the rule of caveat emptor applied and he had no remedy.