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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

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.

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.


Anonymous,  29 April 2013 at 03:52  

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

Anonymous,  16 May 2013 at 03:21  

Thank 4 my cpa

Anonymous,  30 November 2013 at 06:48  

Thanks the matter is really very relevant

Anonymous,  15 December 2013 at 06:45  

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

Anonymous,  13 January 2014 at 02:23  

Thanks for the note

Anonymous,  12 March 2014 at 10:07  

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

Anonymous,  1 May 2014 at 18:12  

Thanx indeed useful info.. :)

Anonymous,  7 June 2014 at 07:18  

Thanks a lot man you did a grate job for all students of commercial subject :) (y)

kazi iqbal 23 June 2014 at 05:31  

Thanks for give a simple destination between condition and warranty. Its help me. So thanks thanks thanks.

sinkala mwenda 26 June 2014 at 22:03  

thank you very you give something which i ever had before now commercial law is some how simple.sinkala mwenda

Jerrybass Joshua 22 September 2016 at 20:14  

Thank you so much. It is so useful to me as a commercial student

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