Conditions and warrenties:
Before a contract of sale is entered into, a seller frequently makes representatives or statements with reference to the goods which influence the buyer to clinch the bargain. Such representation or statements differ in cherecter and importance. Whether any statement or stipulation forming part of the contract or is a mere representation of the contract.
A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warrenty.
Condition:
A condition is a stipulation which is essential there cace main pupose of the contract of such vital importance as aroot of the contract. Its non-fulfillment upsets the very basis of the contract.
Warrenty:
A warrenty is a stipulation which is collateral to the main purpose of the contract. It is not such vital importance as a condition is. The agreegated in party only damaged and it has no-right to treat the contract as reputed.
Wednesday, September 9, 2009
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