Q.A sells his old television, describing it as 'in fully working condition,' to B. When B gets it home, the television does not switch on at all. Is this a breach of a condition or a warranty? What remedy does B have?

The description 'fully working condition' goes to the very heart of why B agreed to buy the television at all, which is exactly what makes a stipulation a condition rather than a mere warranty. …

A sold the television by description — 'in fully working condition' — and this description goes to the very essence of what B was buying; a television that does not switch on at all fails to correspond with that description in the most basic way. Under the implied condition as to description, goods sold by description must correspond with that description.

Because the stipulation broken here (that the television actually works) is essential to the main purpose of the contract — nobody buys a television for any other reason than to use it — this is a breach of a condition, not merely a collateral warranty. …

Applied the condition/warranty test to the facts: 'fully working condition' is essential to the main purpose of buying a television (not a minor/collateral detail), which fits the legal definition o …

Assuming B can only ever claim damages for a faulty item bought — whether the buyer can also REJECT the goods depends on whether the broken stipulation was a condition (e …