Distinguish between the following: Conditions and Warranties.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Distinguish between the following: Conditions and Warranties.
Answer & Explanation:
According to section 12 of the Sales of Goods Act, 1930, the difference between a condition and a warranty are:- If the stipulation forms the very basis of the contract or is essential to the main purpose of the contract, it is a condition. If the stipulation is collateral to the main purpose of the contract, i.e., is a subsidiary promise, it is a warranty. The breach of the condition gives the aggrieved party a right to treat the contract as repudiated. The effect of a breach of a warranty is that the aggrieved party cannot repudiate the contract but can only claim damages. If the seller fails to fulfil a condition, the buyer may treat the contract as repudiated, refuse the goods and, if he has already paid for them, recover the price. He can also claim damages for the breach of contract. If the seller does not fulfil a warranty, the buyer must accept the goods and claim damages for breach of warranty.
Topics: Sale of Goods Act, 1930
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