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Van der Westhuizen v Arnold
''Van der Westhuizen v Arnold''〔2002 (6) SA 453 (SCA).〕 is an important case in South African contract law, heard in the Supreme Court of Appeal on 22 February 2002, with judgment handed down on 29 August.
== Facts ==
The respondent, Johan Heinrich Arnold, had signed an agreement of sale for a motor vehicle which provided that "no warranty whatsoever has been or is given to me by the seller or his agent(s)." The agreement had been drawn up by the appellant, Gideon Andries van der Westhuizen, the seller. Arnold had been aware when he purchased the vehicle that it was in need of repair. The discussions between Arnold and Van der Westhuizen, prior to the conclusion of the contract, had related to the condition of the vehicle.
Subsequent to Arnold's taking possession of the vehicle, a bank claimed ownership of it. To avoid the bank's claim, Arnold paid the bank the amount outstanding to it. He then claimed that amount from Van der Westhuizen, basing his claim on the implied warranty against eviction. Van der Westhuizen raised the exclusion clause in defence of the claim.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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