Condition
According to Section 12(2) of the Sale of Goods Act, 1930, "A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to right to treat the contract as repudiated".
When condition to be treated as warranty
According to Section 13 of the said Act, a condition may be treated as a warranty under the following circumstances :
(1) Where a contract of sale is subject to any condition to the 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 relating the contract as repudiated.
(2) Where a contract of sale is not sever able and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.
(3) Where the aggrieved party is contended with the damages the breach of condition may be treated as warranty as the breach of warranty
According to Section 12(2) of the Sale of Goods Act, 1930, "A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to right to treat the contract as repudiated".
When condition to be treated as warranty
According to Section 13 of the said Act, a condition may be treated as a warranty under the following circumstances :
(1) Where a contract of sale is subject to any condition to the 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 relating the contract as repudiated.
(2) Where a contract of sale is not sever able and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.
(3) Where the aggrieved party is contended with the damages the breach of condition may be treated as warranty as the breach of warranty
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