Bava Batra 92 – Implied Warranty

Sold products are expected to be fit for their purpose. However, if one sells produce to his fellow without specifying whether he is selling it for planting or eating, and the buyer plants it, but it does not grow, the seller is not responsible for the loss. This is true even for flaxseed, which is usually purchased for planting.

Normally, the law follows the principle of majority, assuming that the situation at hand is typical of the majority of such cases. However, in money matters, there is another principle: “To extract money from his fellow, the burden of proof lies with the claimant,” which trumps the principle of majority. Since the buyer cannot definitely prove his claim, the seller does not have to refund the purchase amount.

Art: At the Market Stall by Louise Moillon