| Commentary

48.4 ‘Knowledge’ warranties

| Commentary

48.4 ‘Knowledge’ warranties

A party giving warranties will commonly seek to limit the warranties to matters that are within its knowledge. For example:

  1. (a)

        The seller of a patent may be unwilling to warrant that there are no third party rights which would prevent the buyer of the patent from manufacturing the products claimed in the patent, not least because there is often an 18-month delay before a (European) patent application is published. The seller may therefore be unaware of relevant third party applications.

  2. (b)

        The seller of piece of machinery, which requires software to operate it, may not wish

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