Professional Documents
Culture Documents
PRESENTATION
ON
CONDITION AND
WARRANTIES
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CONDITION
ESSENTIALS OF A
CONDITION
It is essential to the main purpose of the
contract.
EXAMPLE:
P goes to R, A horse dealer says I want a
horse which can run at a speed of
30km/hour. The horse dealer point out a
particular horse and says, this will suit you.
P buys the horse , later on P finds that the
horse can run only at a speed 20km/hour.
There is breach of condition, P can
repudiate the contract, return the horse to R
and get back the price.
WARRANTIES
A warranty is a stipulation collateral to the
main purpose of the contract, the breach of
which gives rise to claim for damages but
not a right to reject the goods and treat the
contract as repudiated.
ESSENTIAL OF A
WARRANTY
It is collateral to the main purpose of the
contract.
The breach of warranty causes damages to
the aggrieved party and does not defeat the
main purpose of the contract.
The aggrieved party can only claim the
damages for breach of warranty but can
repudiate the contract.
EXAMPLE:
X asked a car dealer to suggest him a good
car and while suggesting the car, the dealer
said that it could run for 20km per litre of
petrol. But the car could run only 15km per
litre of petrol. In this case the statement
made by the seller was a warranty. X was,
therfore not entitled to reject the carbut he
was entitle to claim the damages.
2.
IMPLIED CONDITION
Condition as to title
sale by description
sale by sample as well by description
Sale of sample
IMPLIED WARRANTIES
implied warranty of quiet possession
implied warranty of freedom from
encumberances
implied warranty annexed by usage of
trade
THANK
YOU