n Without Prejudice - The clause - and other pitfalls : property law

Volume 13, Issue 1
  • ISSN : 1681-178X



For a century and more, the "" clause in a contract has proved a solid bulwark for a seller of goods or property. In essence, this clause records that the subject of the sale, whether movable goods or immovable property, is sold "as is" and without any warranties as to its condition or suitability. This meant that the purchaser had to accept the goods with all defects, whether latent (hidden) or patent (obvious).

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