Wednesday, September 9, 2009

Difference between a condition and warrenties.

Difference between a condition and warrenty:

1.diiference as to value:

A condition is a stipulation which is essentials to the main purpose of the main of the contract.a warrenty is a stipulation which is main contract.

2.diiference as to breach:

If there is a breach of a contract the aggrieved party can reputed the contract of sale; in case of a breach a warrenty.
3.difference as to treatment:

A breach of a condition may be treated as a breach of contract this would happen where the aggrieved party is contented with damages only.

When condition to be treated as warrenty:

1.voluentary waiver of condition:

Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may insiston its fulfillment.

2.acceptence of goods by buyer:

Where a contract of a sale is not severable and the buyer has a acceptedthe goods or part there, the breach of any condition to be fulfilled by the seller can implied.

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