Section 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 :Although on a breach of condition by the seller the buyer has a right to treat the contract as repudiate and reject the goods but he is not bound to do so.  He may instead elect to waiver the condition and accept the goods and sue the seller for damages for breach of warranty.

2. Acceptance of goods by buyer: where the buyer has accepted the goods and subsequently he comes to know of the breach of condition he cannot reject them but can only maintain an action for damages.