Difference between Condition and Warranty

In other words, condition is the arrangement, which should be present at the time of happening of another event. Warranty is a written guarantee, issued to the buyer by the manufacturer or seller, committing to repair or replace the product, if required, within specified time.

1. What is condition and warranty in contract law?
2. What is the difference between a condition a warranty and an innominate term?
3. Can warranty be treated as condition?
4. What is an example of a warranty?
5. What are the 4 types of warranties?
6. Is warranty a contract?
7. What is condition in a contract?
8. What is a warranty in a contract?
9. What is a warranty term in a contract?
10. When can a condition be treated as warranty explain with examples?
11. What is a condition under Sale of Goods Act?
12. What is sale by description?

What is condition and warranty in contract law?

These requirements could be either in the form of a warranty or a condition. Conditions are the set stipulations of the contract, whereas warranties are considered to be an additional set of rules. They both might have time requirements, but the time limits set on the conditions of the contract are legally enforceable.

What is the difference between a condition a warranty and an innominate term?

“Innominate terms” refer to contractual terms that lie in limbo. ... The general rule to differentiate between a “condition” and a “warranty” is to determine whether the term deals with the primary obligation of the contract. The intention of the parties towards that particular term is also an important consideration.

Can warranty be treated as condition?

Conditions were treated as warranties only under remedial purposes to the buyer. Under certain circumstances, when a condition is reduced to the status of warranty then the buyer loses his right to reject the goods in that case and hence condition is treated as warranty.

What is an example of a warranty?

For example, when you buy a new car from a car dealer, the warranty states that the car works. If the car doesn't work, the warranty gives the owner the right to have the dealer fix the car under certain conditions (length of time, cause of damage, etc.). These conditions are typically spelled out in the warranty.

What are the 4 types of warranties?

Types Of Warranty and their meaning

• Types of Warranty.
• 1) Implied Warranty. a) Warranty of Merchantability. b) Warranty of Fitness For A Particular Purpose. c) Warranty of Title. ...
• 2) Extended Warranty.
• Guaranteed Ability To Repair.
• More Comprehensive Coverage.
• Peace of Mind.
• Savings.
• Increased Resale Value.

Is warranty a contract?

Warranty is the additional stipulation and a written guarantee that is collateral to the main purpose of the contract. The effect of a breach of a warranty is that the aggrieved party cannot repudiate the whole contract however, can claim for the damages.

What is condition in a contract?

A condition is an act or event, other than a lapse of time, that affects a duty to render a promised performance that is specified in a contract. A condition may be viewed as a qualification placed upon a promise. A promise or duty is absolute or unconditional when it does not depend on any external events.

What is a warranty in a contract?

Related Content. An assurance or promise in a contract, the breach of which may give rise to a claim for damages. It is essentially a minor term of a contract.

What is a warranty term in a contract?

A warranty is a contractual term, which is secondary to the main purpose of a contract. For example, in a contract for the sale of goods a warranty may be given about the condition, age and history of the goods being sold.

When can a condition be treated as warranty explain with examples?

Acceptance of goods by buyer: Where a contract of sale is not severable, ie. it is indivisible and the buyer has accepted the goods or part thereof, the breach of any condition is to be treated as a breach of a warranty. [Section 13(2)]

What is a condition under Sale of Goods Act?

The Sale of Goods Act 1930 provides the definition for a Condition as – ““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 for a Warranty as – “A warranty is a stipulation collateral to the main purpose of the ...

What is sale by description?

plural sales by description

COMMERCE, LAW. a sale that is made without the buyer seeing the goods and having only a description of them from the seller: In sales by description, there is an implied condition that the goods shall correspond with the description in the catalogue.