Business Law Unit 1 Business Law Complete Notes When is Condition Treated as a Warranty?

When is Condition Treated as a Warranty?

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QUESTION- When is Condition Treated as a Warranty?

In certain circumstances, a condition may be treated as a warranty: 

  • Election in the hands of the buyer- Where a seller failed to fulfill a condition in a contract of sale; the buyer has a right to waive such condition or elect to treat the breach of condition as a breach of warranty. It depends upon the consent of the buyer, not the seller.
  • If a contract of sale is not severable and the buyer has accepted the goods partly, this is called part-performance. In such a case, it cannot be treated as a breach of condition by the seller but it can be treated as a breach of warranty.

However, if the parties have an express contract, the seller is liable for the breach of condition and not for breach of warranty. 

  • Impossibility of performance: If the seller is unable to perform his contract due to impossibility, then also a condition is treated as a warranty.
Business Law Unit 1 Business Law Complete Notes Difference Between Condition and Warranty With an Example? Condition Treated as a Warranty?

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