There is a further warranty known as special warranty. Such a warranty arises when both parties are cognisant of defect, and when the buyer in the one case wishes to render the seller answerable for any consequences that may arise from such defect, or the seller, on the other hand, wishes to protect himself against them.
For instance, in Chanter v. Hopkins (4 M. v. W. 406, 1838) the court stated: " If a party offered to sell me a horse of such a description as would suit my carriage, he could not fix in me the liability to pay for it unless it were a horse fit for the purpose it was wanted for; but if I describe it as a particular bay horse, in that case the contract is performed by his sending that horse". A representation that a horse is " a good drawer and pulls quietly in harness" is a warranty that it is quiet in harness and pulls well there. "Good" means good in all respects (Colt-herd v. Puncheon, 2 D. and R. 10; Smith v. Parsons, 8 C, b. P. 199).
A high or sound price is no proof of warranty (per Justice Grose in Parkinson v. Lee, 2 East. 314, 1802); but generally in the absence of express warranty the law does not imply a warranty as to goodness or quality upon sales of goods. The sale is caveat emptor. The buyer takes at his own risk, and in general no liability is incurred by reason of bad quality or defects, unless there be an express warranty or fraud. According to Mr. Justice Grose in the case above cited, "there must either be an express warranty of soundness or fraud in the seller to maintain an action".