Condition and Warrnaty

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Condition and Warrnaty

Unread postby Admin » Wed Aug 15, 2012 10:12 am

Condition and Warrnaty

(1) A stipulation in contract of sale with reference to goods which are the subject thereof may be condition or a warranty.

(2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.

(3) A warranty is s 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.

(4) Whether a stipulation is a contract of sale is a condition or a warranty depends in each case on the construction of athe contract. A stipulation may be a condition though called warranty in the contract.
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