News Topics

Can you please point out the differences betwee...

Can you please point out the differences between a condition and warranty

Can you please point out the differences between a condition and warranty

0
Chiranjibi Aug. 08, 2018

The following are the major differences between condition and warranty in business law:


  • A condition is an obligation which requires being fulfilled before another proposition takes place. A warranty is a surety given by the seller regarding the state of the product.
  • The term condition is defined in section 12 (2) of the Indian Sale of Goods, Act 1930 whereas warranty is defined in section 12 (3).
  • The condition is vital to the theme of the contract while Warranty is ancillary.
  • Breach of any condition may result in the termination of the contract while the breach of warranty may not lead to the cancellation of the contract.
  • Violating a condition means violating a warranty too, but this is not the case with warranty.
  • In the case of breach of condition, the innocent party has the right to rescind the contract as well as a claim for damages. On the other hand, in breach of warranty, the aggrieved party can only sue the other party for damages.


Can you please point out the differences between a condition and warranty

Ask Question Create News