Bava Batra 92 – Implied Warranty

Sold products are expected to be fit for the purpose. However, if one sold produce to his fellow without specifying whether he is selling it for planting or eating, and the buyer planted it, but it did 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 that “to extract money from his fellow, the burden of proof lies with the claimant,” and it trumps the principle of majority. Since the buyer cannot definitely prove his claim, the seller does not have to refund the purchase amount.

Painting: Louise Moillon - At the Market Stall