Conditions and Warranties

1.

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.

2.

Condition is essential to the main purpose.

Warranty is incidental or collateral to the main purpose.

3.

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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By Hassham

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