tell me the detailed answer of difference between and condition and warranty as per sales of goods act 1930
Question
tell me the detailed answer of difference between and condition and warranty as per sales of goods act 1930
Solution
The Sales of Goods Act 1930 differentiates between a condition and a warranty based on the importance of the term to the contract.
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Condition: A condition is a stipulation (term) essential to the main purpose of the contract. The breach of a condition gives rise to a right to treat the contract as repudiated (cancelled). In other words, if a condition is not met, the aggrieved party has the right to terminate the contract and claim damages. For example, in a contract for the sale of a car, if the seller fails to deliver the car, it would be a breach of condition.
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Warranty: A warranty is a stipulation (term) collateral to the main purpose of the contract. The breach of a warranty cannot lead to the cancellation of a contract but the aggrieved party can claim damages. For example, in a contract for the sale of a car, if the seller promised that the car would be serviced before delivery, but it was not, it would be a breach of warranty. The buyer cannot reject the car, but can claim the cost of getting the car serviced.
In summary, the main difference between a condition and a warranty in the Sales of Goods Act 1930 is the consequence of a breach. A breach of condition can lead to the termination of the contract, while a breach of warranty only gives the aggrieved party a right to claim damages.
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