2. Is there breach of condition under Sale of Goods Act, 1930?

What are the conditions

and warranties under Sale of Goods Act, 1930?

Yes, there is a breach of condition under Sale of Goods Act, 1930. In the given case, there are
two breaches that took place that is –
 Breach of Conditions under Section – 14 that is Condition as to title.
 Breach of Warranty that is “Warranty as to undisturbed possession”.

Sale of Goods Act, 1930 defines under Section 12(2) that “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”. And Warranty states that under Section 12(3) that “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 to a right to reject the goods and treat the contract as repudiated”.

Different types of conditions are –

Expressed Condition
 It is defined as a statement in a legal agreement that says something must be done or exist
in the contract. The conditions which are imperative to the functioning of the contract and
are inserted into the contract at the will of both the parties are said to be expressed
conditions.

Implied Condition
 There are several implied conditions which are assumed by the parties in different kinds
of contracts of sale. Implied conditions are described in Section 14 to 17 of the Sale of
Goods Act, 1930.
 The implied contracts come under the section 14 to 17 of Sale of Goods Act, 1930 which
are as follow:
o Implied Conditions as Title
o Implied Condition as To Description

Types of warranty are –

Expressed Warranty
 The warranties which are generally agreed by both the parties and are inserted in the
contract, it is said to be expressed warranties.

Implied Warranty
 Implied warranties are those warranties which the parties assumed to have been
incorporated in the contract of sale despite the fact that the parties have not specifically
included them in the contract. Subject to the contract, the following are the implied
warranties in the contract of sale:
o Warranty as to undisturbed possession
o Warranty as to freedom from Encumbrances
o Implied warranty to disclose Dangerous nature of the goods sold