Conditions and warranty of the Goods

Conditions and warranty of the Goods

Under the section 12 of the Sales of Goods Act 1930 the following conditions and warranty applies on the sales of goods.

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

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

(3) 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 t a right to reject the goods and treat the contract as repudiated.

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

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