Discussion on Lecture

Conditions and warranty

Conditions and warranty

by Musfiq Hasan Rafin -
Number of replies: 0

Certain provisions need to be fulfilled as demanded in the contract of sale or any other contract. 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. Section 11 to 17 of the Sale of Goods Act enlightens the provisions relating to Conditions and Warranties.


BASIS FOR COMPARISON CONDITION WARRANTY

Meaning A requirement or event that should be performed before the completion of another action, is known as Condition. A warranty is an assurance given by the seller to the buyer about the state of the product, that the prescribed facts are genuine.

Defined in Section 12 (2) of Indian Sale of Goods Act, 1930. Section 12 (3) of Indian Sale of Goods Act, 1930.

What is it? It is directly associated with the objective of the contract. It is a subsidiary provision related to the object of the contract.

Result of breach Termination of contract. Claim damages for the breach.

Violation Violation of condition can be regarded as a violation of the warranty. Violation of warranty does not affect the condition.

Remedy available to the aggrieved party on breach Repudiate the contract as well as claim damages. Claim damages only.