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advantage agree agreement applied bargain bought buyer Caveat Emptor Chancellor cial circumstances civil law civilians commerce common law concealment confidence conscience Court of Equity courts decisions defects doctrine enforce English English law equality equi equity error evidence executed fact fair faith fraud fraudulent give honesty ignorance implied warranty impliedly inadequacy of price judges judgment jurisprudence kind or quality knowledge known Law Merchant law of contracts law of insurance law of sales lawyers Lord Lord Mansfield Lord Thurlow market price material merchant mistake moral mutual mutual mistake natural justice necessity New-York Nisi Prius obligation opinion ordinary Papinian party Pothier premium presumed presumption principles profits Puffendorf purchase reason received recognised reposed risk Roman law rule of law says sell seller settled ship sound superior thing sold tion tracts trade transaction true uncon underwriter usages vendor wholly wise worth