Condition and Warranty of Sales of Goods

Condition and Warranty of Sales of Goods

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

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

(3) A warranty is 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 the contract. A stipulation may be conditions though called a warranty in the contract.

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