Define condition and warranty in a contract of sale of goods, when condition be treated as
a warranty.
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Conditions and Warranties
Both Conditions and Warranties are important elements of every contract.
Conditions
The term “Condition” may be defined as a representation made by the seller, which is so important that, its non-fulfilment defeats the very purpose of the buyer. As a matter of fact, it is a stipulation, which forms the basis of a contract of sale, i.e., which is essential to the main purpose of the contract.
According to Section 12(2) - A Condition is a stipulation essential to the main purpose of the contract, the breach of which, gives rise to a right to treat the contract as repudiated.
This implies that a condition forms the essence of a contract of sale. Any breach will therefore result in damages to the buyer and will give him the right to bring an end to the contract of sale. The goods can be returned and the buyer has the right to get his money back.
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Conditions and Warranties
Both Conditions and Warranties are important elements of every contract.
Conditions
The term “Condition” may be defined as a representation made by the seller, which is so important that, its non-fulfilment defeats the very purpose of the buyer. As a matter of fact, it is a stipulation, which forms the basis of a contract of sale, i.e., which is essential to the main purpose of the contract.
According to Section 12(2) - A Condition is a stipulation essential to the main purpose of the contract, the breach of which, gives rise to a right to treat the contract as repudiated.
This implies that a condition forms the essence of a contract of sale. Any breach will therefore result in damages to the buyer and will give him the right to bring an end to the contract of sale. The goods can be returned and the buyer has the right to get his money back.
please tick the brainliest answer.
GauravSaxena01:
please tick the brainliest answer.
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2
investment means not condition to get or loss
but warranty means again time recovery by mechanical or technical process
but warranty means again time recovery by mechanical or technical process
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