Straight From Monty Python - Implied Warranties: The British Columbia Dead Parrot Case

A recent, low profile British Columbia small claims tribunal decision (Davy v. Kidwai¹) attracted some high profile attention from Monty Python's John Cleese, who acknowledged a dead parrot owner's winning complaint (R.I.P parrot)². The case also provided a good illustration of implied warranties under sale of goods contract law. Let us note before going further in this article that there was no defence put forward by the pet seller to the effect that, “It's not dead, it's resting.” 

The parrot was advertised for sale on Kijiji. The buyer inspected the bird and noticed some missing tail feathers. The seller acknowledged that tail feathers were missing, and attributed it to natural molting. It turned out that the bird had a fatal bird disease, PBFD. In less than a month after sale, the bird was definitively diagnosed with PBFD by a vet.