When breach of a condition is treated as a breach of a warranty????

 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.

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
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.