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No
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Conditions
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Warrantees
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1)
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Meaning and Definition of Condition –
Section 12(2) of Sale of Goods Act Defines 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 a right to treat the contract as repudiated”.
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Meaning and Definition of Warranty –
Section 12(3) of Sale of Goods Act Defines Warranty According to Section 12(2) of the said Act “ 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.
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2)
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Condition is a Stipulated, essential to main purpose of the Contract.
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Warranty is a stipulation, collateral to the main purpose of the Contract.
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3)
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Breach of Condition gives rise to repudiate the Contract
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Like Condition Breach of Warranty does not give rise to repudiate the contract, but it gives rise to claim damages.
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4)
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In certain cases, breach of condition may be treated as breach of warranty
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A breach of warranty cannot be treated as breach of Condition.
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