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Friday, 12 August 2011

Define and distinguish or Difference between warranty and conditions with reference to the contract of the sale of the goods act

CONDITION :-
It is defined in the following words, "A condition is stipulation essential breach to the main purpose of the contract, the breach of which give rise to a right to treat the contract as repudiated."

So according the above definition it is clear that condition is very essential for the performance of a contract. The breach of condition will be regarded as the breach of the whole contract.


WARRANTY :-
Sales act defines the warranty in the following words, "A warranty is a stipulation collateral to the main purpose of the contract the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated."

The above definition shows that for the implementation of a contract warranty is not essential. For the breach of warranty only damages can be claimed.


Difference or Distinction Between Condition and Warranty


1. Difference In Importance :-

Condition : A condition is essential to the main purpose of a contract.

Warranty : Breach of warranty gives right to the party to claim the damage only.



2. Difference in Rights :-

Condition : Breach of condition gives right to the party to reject the contract.

Warranty : Breach of warranty gives right to the party to claim the damages only.



3. Superiority of Condition :-

Condition : A breach of condition may be treated as a breach of warranty.

Warranty : A breach of warranty may not be treated as a breach of condition.



4. Link With Contract :-

Condition : A condition has a direct link with the essential party of the contract.

Warranty : A warranty has no direct link with the essential part of the contract.

7 comments:

Anonymous,  29 April 2013 03:52  

Thank you for this, my Commercial Law exam is tomorrow. This is sure useful!

Anonymous,  16 May 2013 03:21  

Thank 4 my cpa

Anonymous,  30 November 2013 06:48  

Thanks the matter is really very relevant

Anonymous,  15 December 2013 06:45  

also thnx i thngs it work coz tomorrow is my commecial law exam.

Anonymous,  13 January 2014 02:23  

Thanks for the note

Anonymous,  12 March 2014 10:07  

Thnks.... It helped me to copy in the exam...

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