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. Nonfulfillment 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.

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.

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.

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