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What is condition and 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.
What is condition and warranty in contract law?
Warranty and condition in contract law refer to specific stipulations set in a contract of sale. Warranty and condition in contract law refer to specific stipulations set in a contract of sale. A contract is an agreement that takes place between two parties to complete a mutual transaction.
What is condition and warranty of a contract?
In a contract of sale, the subject is 'goods'. ... The condition is the fundamental stipulation of the contract of sale whereas Warranty is an additional stipulation. In other words, condition is the arrangement, which should be present at the time of happening of another event.
What is condition and warranty in law?
Condition and warranty. (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.
What is warranty in law of contract?
A warranty in contract law is a promise or guarantee from one party to another that the facts are true and reliable. ... In the case that those facts ever become untrue, the warranty is also a protection to the recipient to cover any losses that may arise.
What is a term in law of contract?
A contractual term is “any provision forming part of a contract”. Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
When conditions are treated as warranty?
When condition to be treated as warranty. 13. (1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
What are the circumstances under which breach of condition is treated as breach of warranty SMU?
SMU MBA ASSIGNMENTS Breach of condition to be treated as breach of warranty According to Section 13, under certain circumstances, a breach of condition is to be treated as a breach of warranty, i.e., the right to repudiate the contract is deemed to have been lost.
What is condition and warranty under Sales of Goods Act 1930?
The Sale of Goods Act enumerates an implied Warranty that the buyer shall have complete possession of the goods sold to him and shall enjoy quite possession of the such goods. In case of any kind of disturbance, the buyer can sue the seller for the breach of Warranty and can claim damages arising out of such breach.
What happens when there is a breach of condition?
Legally, one party's failure to fulfill any of its contractual obligations is known as a “breach” of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.
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