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.
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