ABSTRACT
Words describing or qualifying the subject-matter insured are particularly susceptible to being classified as a promissory warranty. The distinction between a warranty and mere words of description is best illustrated in the case of Overseas Commodities Ltd v Style,63 to which reference has already been made. Mr Justice McNair held that the identification number which the tins of pork butts were to be marked was not a warranty, but were mere words of description for the purpose of identifying the goods: ‘the policy only attaches to such of the goods that comply with the description’. In contrast, the term expressed as ‘warranted all tins marked by manufacturers with a code for verification of date of manufacture’ was held to be a warranty.
