Define and distinguish or Difference between warranty and conditions with reference to the contract of the sale of the goods Act

Define and distinguish or Difference between warranty and conditions with reference to the contract of the sale of the goods Act

CONDITION :-
It is defined in the following words, "A condition is stipulation essential breach to the main purpose of the contract, the breach of which give rise to a right to treat the contract as repudiated."

So according the above definition it is clear that condition is very essential for the performance of a contract. The breach of condition will be regarded as the breach of the whole contract.


WARRANTY :-
Sales act defines the warranty in the following words, "A warranty is a stipulation collateral to the main purpose of the contract the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated."

The above definition shows that for the implementation of a contract warranty is not essential. For the breach of warranty only damages can be claimed.


Difference or Distinction Between Condition and Warranty


1. Difference In Importance :-

Condition : A condition is essential to the main purpose of a contract.

Warranty : Breach of warranty gives right to the party to claim the damage only.



2. Difference in Rights :-

Condition : Breach of condition gives right to the party to reject the contract.

Warranty : Breach of warranty gives right to the party to claim the damages only.



3. Superiority of Condition :-

Condition : A breach of condition may be treated as a breach of warranty.

Warranty : A breach of warranty may not be treated as a breach of condition.



4. Link With Contract :-

Condition : A condition has a direct link with the essential party of the contract.

Warranty : A warranty has no direct link with the essential part of the contract.