When conditions are treated as warranty?

16 When condition to be treated as warranty (1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract as repudiated.

When can conditions be treated as warranties?

Conditions were treated as warranties only under remedial purposes to the buyer. Under certain circumstances, when a condition is reduced to the status of warranty then the buyer loses his right to reject the goods in that case and hence condition is treated as warranty.

What are the conditions of warranty?

The condition is a fundamental precondition on the basis of which the whole contract is based upon, on the other hand, warranty is the written guarantee wherein the seller commits to repair or replace the product in case of any fault in the product.

Under what circumstances a breach of condition is to be treated as breach of warranty?

Acceptance of goods by buyer: Where a contract of sale is not severable, ie. it is indivisible and the buyer has accepted the goods or part thereof, the breach of any condition is to be treated as a breach of a warranty.

When shall a breach of condition be treated as breach of warranty under the provisions of the sale of goods Act 1930?

(2) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, ¹*** the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as .

What are the consequences of breach of condition and warranty?

If a condition, the party can terminate the contract. However, if the nature and effect of the breach, at the time the breach occurred, does not deprive a party of the whole of the benefit of the contract, then the term will be considered a warranty and that party will only be able to sue for damages.

What are the 4 types of warranties?

Four common types of warranties are the express warranty, implied warranty, extended warranty, and special warranty deed. An expressed warranty guarantees that a product will meet certain conditions of quality and performance.

What is condition and warranty explain implied conditions?

Conditions and warranties may be express or implied. Express conditions and warranties are which, are expressly provided in the contract. Implied conditions and warranties are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary.

What is a condition and warranty in contract?

Conditions are the set stipulations of the contract, whereas warranties are considered to be an additional set of rules. They both might have time requirements, but the time limits set on the conditions of the contract are legally enforceable.

What is condition and warranty with example?

Example. A man buys a particular horse, which is warranted to be quiet to ride and drive. The horse turns out to be Vicious, the buyer’s only remedy is to claim damages. This is a breach of warranty,because the stipulation made by the seller was only a collateral one.

When can a breach of condition be treated as a breach of warranty by the seller Mcq?

When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of Goods Act, 1930: When the buyer fulfils the condition stipulated to the contract of sale. When the contract of sale is severable and the buyer has accepted the entire goods.

What are the conditions and warranties under Sale of Goods Act 1930?

The Sale of Goods Act enumerates an implied Warranty that the buyer shall have complete possession of the goods sold to him and shall enjoy quite possession of the such goods. In case of any kind of disturbance, the buyer can sue the seller for the breach of Warranty and can claim damages arising out of such breach.