Conditions And Warranties
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TOPIC- Conditions And Warranties
- A condition is a stipulation essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated.
- 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 a right to reject the goods and treat the contract as repudiated.
- Condition is essential to the main purpose.
- Warranty is incidental or collateral to the main purpose.
- Breach of a condition may be treated as breach of warranty.
- Breach of warranty cannot be treated as breach of condition.
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