Exercises · Q5
Q.What is a Condition? What is a Warranty? Distinguish between them with examples.
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Start your 14-day free trial to unlock the full solution →Condition — a stipulation essential to the main purpose of the contract. If broken, the aggrieved party may repudiate the contract (reject the goods, refuse to proceed) in addition to claiming damages.
Warranty — a stipulation only collateral to the main purpose of the contract. If broken, the aggrieved party can only claim damages; the contract must still be performed.
| Basis | Condition | Warranty |
|---|---|---|
| Importance | Essential to the main purpose | Collateral/secondary |
| Remedy on breach | Reject goods + damages | Damages only |
| Example | A car is specifically described as a '2020 model' but turns out to be a 2018 model | A car is sold with a general assurance of one free service in the first year, which is not honoured |
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