Conditions And
Warranties
Mercantile Law
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Mercantile Law: Understanding Conditions and Warranties in Sale of Goods Act 1930, Exams of Law
An overview of the Sale of Goods Act 1930, focusing on conditions and warranties. Topics include stipulations as to time, express and implied conditions and warranties, conditions as to title, description, and quality, and the difference between a condition and a warranty. Examples and rules are also provided.
What you will learn
- What are the implied conditions and warranties in the Sale of Goods Act 1930?
- What is the difference between a condition and a warranty in the Sale of Goods Act 1930?
- What is the role of stipulations as to time in the Sale of Goods Act 1930?
- What happens when a condition is changed to a warranty in the Sale of Goods Act 1930?
- What are the different types of conditions and warranties in the Sale of Goods Act 1930?
Typology: Exams
2021/2022
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Conditions And
Warranties
Mercantile Law
INTRODUCTION
In a contract of sale, usually parties makes certain statements or the stipulation about the goods under sale or purchase. These stipulations in a contract of sale made with reference to the subject matter of sale.It may be either a condition or Warranty.
CONDITIONS AND
WARRANTIES
The provisions relating to conditions and warranties are covered under sections 11 to 17 of the Sale of Goods Act.
Conditions and warranties
Stipulation as to time
Condition and warranty
When Condition treated as warranty
Condition and warranty
Express Implied
condition as to title
condition as to description sale by sample
condition as to quality or fitness
Sale by sample as well as by description Condition as conditions as to merchantability to wholesomeness
Implied Conditions
STIPULATION AS TO TIME
Stipulations as to time of payment of price is of the essence of the contract or not depends on the terms of the contract ,unless a different intention appears from the terms of the contract.(Section 11).
Stipulations as to time of delivery of goods are usually the essence of the contract.
Example
X wants to purchase a horse from Y,which can run at a speed of 50 Kms/hour.Y pointing at a particular horse says “This horse will suit you.” X buys the horse but later on finds that the horse can run at a speed of 30 Kms/hour.This is a breach of condition because the stipulation made by the seller forms the very basis of the contract.
WARRANTIES
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[Section12(3)].
Whether a stipulation is a condition or warranty? A stipulation in a contract of sale is either condition or warranty depending in each case on the construction of the contract.A stipulation may be a condition,though called a warranty in the contract[Section 12(4)].
Differences
Basis of difference
Condition Warranty
Nature A condition is essential to the main purpose of the contract.
It is only collateral to the main purpose of the contract.
Basis of difference
Condition Warranty
Treatment A breach of contract may be treated as a breach of warranty.
A breach of warranty cannot be treated as a breach of condition.
When a breach of Condition be
treated as a breach of warranty?
Section 13 specifies cases where a breach of condition be treated as a breach of warranty.As a result of which the buyer loses his right to rescind the contract and can claim for damages only.