Sale of Goods Act, 1930

Condition and Warranty

Conditions:-
a condition is a stipulated essential to the main purpose of the contract ,breach of
which gives rise to a right to treat the contract as repudiated .A condition in a
contract of sale is the stipulation which constitutes the hardcore of the contract
and is essential to the main purpose of the contract
kinds of conditions:-
a.)express condition-a condition that has been expressly provided for agreed upon
by both the parties at the time of the contract of sale .
b.)implied conditions-conditions are said to be implied when the law incorporates
their existence as implicit to a contract of sale unless otherwise agreed upon
between parties .both parties shall be bound by implied conditions unless they are
excluded by an express agreement between them Implied conditions are of
following seven types:-
1.)condition as to title
2.)condition as to description
3.)condition as to sample
4.)condition as to sample as well as description
5.)condition as to quality or fitness
6.)condition as to merchantability
7.)condition as to wholesomeness
Warranties:-
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
kinds of warranties:-
a.)express warranties-a warranty is said to be express when the term of the
contract expressly provides for it. At the time of contract of sale, both the parties
may agree upon any number of express warranties
b.)implied warranties-an implied warranty is one which the law incorporates into a
contract of sale. Even when no express representations have been made in
connection with a contract of sale, the law implies certain representations as
having been made by the parties while entering into the contract .following are the
three implied warranties:-
1.)warranty as to quiet
2.)warranty against encumbrances
3.)warranty to disclose the dangerous nature of goods



Conditions Warranty
Stipulations that are essential for
main purpose of contract. Non-
fulfillment of such will mean loss of
foundation of contract. These are
termed as Conditions.


A contract of sale cannot be
fulfilled unless the condition to it, is
fulfilled.

In case of breach of condition, the
aggrieved party can reject the
contract

Breach of condition can be treated
as breach of warranty if the
aggrieved party is happy with
compensation.
Warranty is collateral to the main
purpose of contract.

The main contract can be fulfilled
even if the warranty is not
fulfilled.

In case of breach of warranty, the
aggrieved party can only claim for
damages.

Breach of warranty can not be
treated as breach of condition.


Doctrine of caveat emptor
is a latin expression that means caution buyer i.e let the buyer beware the buyer
alone is responsible for checking the quality and suitability of goods before a
purchase is made. So, the buyer must examine goods thoroughly




Doctrine of caveat venditor
means let the seller beware.the seller shall be under an obligation to inform the
buyer of any defeat in the goods sold at the time of the contract ,except in a case
where the defeat is obviously known to the buyer .this force the seller to take
responsibility for the product and discourages sellers from vending products of
unreasonable quality or of dangerous nature