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The distinction between the condition and warranty

The distinction between the condition and warranty

by A.K.M Navid -
Number of replies: 0

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 elements for making valid and legal contracts.

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”.

The distinction between the Condition and warranty:

1.       Essential & Collateral

2.       Repudiate the contract

3.       Right in case of breach

4.       Treatment


1. Essential vs. Collateral:-
    condition is a stipulation essential to the main purpose of the contract hut, warranty is a stipulation which is not
    essential of the contract but, it is collateral to the main purpose of the contract.

2. Essential vs. Collateral:-
   The breach of the condition gives rise to repudiate the contract but, the breach of warranty does not give rise to
      repudiate the contract. 

3. Right in case of breach:-
    The breach of condition not only gives a right to treat the contract void but also gives a right to claim damages
      but, the breach of warranty gives the right to claim damages only. 

4. Treatment:
    In certain circumstances, the breach of the condition can be unilaterally treated as a breach of warranty by the
      affected party but, the breach of warranty cannot in any circumstances be treated as a breach of condition
      unilaterally by the affected party.