When is Condition Treated as a Warranty?
In certain circumstances, a condition may be treated as a warranty:
1. 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.
2. 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.
3. Impossibility of performance: If the seller is unable to perform his contract due to impossibility, then also a condition is treated as a warranty.
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