A contract of sales and goods has certain terms and
stipulations in it which may be classified as conditions and warranties.
Conditions: - The stipulations which are making by parties and are essential in
nature are conditions. Stipulations which may be intended to be of a
fundamental nature e.g. quality of the goods, therefore, will be regarded as a
breach of contract. The condition helps to treat contract as repudiated. If
there is a breach of a condition, party can repudiate the contract and the
contract will fail. There are two types of conditions: - (a) Implied condition
(b) Express condition.
Features of Condition: -
1. Condition is a stipulation.
2. This stipulation which is a condition is important for the main
purpose of the contract of sale.
3. Title of goods cannot be transferred unless conditions are not
satisfied.
4. A breach of condition can be treated as a breach of warranty.
5. The breach of a condition can repudiate the contract.
Warranties: - Those stipulations which do not go to the substance of contract are
warranties. They are of a subsidiary character e.g. time of payment or
repairing of a product, so that a breach of such terms will not put an end to
the contract but will make the part committing the breach and they will liable
of damages.
Features of warranty: -
1. Warranty is also a stipulation.
2. It is consider as a very basis of a contract of sale.
3. Title of goods can be transferred whether warranty is satisfied or
not.
4. The party can claim the damage for breach of warranty.
5. A breach of warranty does not give right to reject the goods and
repudiate the contract.
By: Shivani Awasthi (FullFry)
