Question

10 difference between condition and warranty

Answer 1

Answer:

in a contract of sale ,the subject matter is goods . there are million of scale transactions which occur in the normal courge ,all around the world. There are certain provisions which need to be fulfilled because it is demanded by the contract. These prerequisites can either be a condition and warranty. The condition is the fundamental stipulation of the contract of sale whereas Warranty is an additional stipulation.

1.Key Differences Between Condition and Warranty

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

3.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.

4.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).

5.The condition is vital to the theme of the contract while Warranty is ancillary.

6.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.

7.Violating a condition means violating a warranty too, but this is not the case with warranty.

8.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.

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Answer 2

The answer is stated below:

Explanation:

• Difference among the warranty and condition:

Warranty

1. Warranty is the stipulation collateral to the main as well as the primary motive of the contract.
2. Its scope is smaller.
3. Breach of the warrant, does not result in repudiate of the contract, claim for the damage is made.
4. It cannot or can never be treated as the condition.
5. There is no suck kind of compulsion that warranty to be treated as condition.
6. The warranty comes or the section which dealt with is Section 12 (3).
7. It is of secondary concern.
8. It is only expressed.
9. The aggrieved party could claim the damages but cannot terminate the contract.
10. The main or the primary contract can be fulfilled even if the warranty is not fulfilled.

Condition

1. Condition is the stipulation to the main as well as the primary motive of the contract.
2. Its scope is wider.
3. Breach of the condition, result in repudiate of the contract.
4. Under the Section 13 (1), the condition could be treated as the warranty.
5. Under the Section 13 (2), the breach of condition is treated as the breach of warranty.
6. The condition comes or the section which dealt with is Section 12 (2).
7. It is of primary condition.
8. It can be implied.
9. The aggrieved party can terminate the contract.
10. A contract of sale cannot be fulfilled unless the condition to be fulfilled.

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