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''Schmidt v Dwyer'' is an important case in South African contract law and the South African law of lease, heard in the Cape Provincial Division by De Villiers JP and Van Wyk J on August 5, 1957, with judgment handed down on August 23. It is important for its consideration of ''voetstoots'' clauses and its determination that these cannot nullify warranties. == Facts == A written deed of sale of a farm, after describing the property and its approximate extent, added that "the property includes approximately 120,000 vines planted thereon." Another clause provided that "the property is sold as it stands and the seller shall not be held responsible for any defects therein whether patent or latent." In fact, there were only 67,000 vines planted on the farm. The purchaser accordingly claimed damages # for breach of warranty; or, alternatively, # by reason of the misrepresentation. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Schmidt v Dwyer」の詳細全文を読む スポンサード リンク
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