The chapter defines, Condition and warranty in The Sale of Goods Act, 1930. As we know, another main purpose of making law is take care of individual rights. Condition and warranty are actually essential element for making valid and legal contract.

According to the statutory law (The Sale of Goods Act,1930):

Section12(2) of the Act defines Condition as, ‘’ “A condition is a stipulation which is essential to the main purpose of the contract and the breach of the condition gives the aggrieved party a right to treat the contract as repudiate’’. On the other hand, Section 12(3) of the act, defines warranty as,’’ “A warranty is a stipulation which is collateral to the main purpose of the contract and breach of which gives the aggrieved party a right to claim damages only but not to a right reject the goods and treat the contract as repudiate”.

Distinction between Condition and warranty:

·          Essential & Collateral

·         Repudiate the contract

·         Right in case of breach

·         Treatment

WHEN A BREACH OF A CONDITION BE TREATED AS A BREACH OF A WARRANTY

According to the act, Section 13 specifies cases where a breach of a condition be treated as a breach of a warranty. As a result of which the buyer loses his right to rescind the contract and can claim for damages only.

1.       Voluntary waiver by buyer

2.       Acceptance of goods by buyer

 Doctrine of Caveat Emptor

It is Latin maxim, which literally means “let the buyer beware”. According to the doctrine of caveat emptor it is duly of the buyer to be careful while purchasing goods of his requirements.

Exceptions of this doctrine:

1. Where the seller makes a misrepresentation.

2. Where the seller makes a false representation

3. Where the goods are purchased by description and they are not correspondent with the description

4. Where the goods are bought by sample

5. Where the goods are brought by sample as well as description.