NOTES


CA-Foundation > Business Laws > The Sale of Goods Act, 1930 - Conditions and Warranties (Old & New)

Distinguish between ‘condition’ and ‘warranty’ (Sale of Goods Act)



Ans.

Condition

Warranty

Contract becomes invalid and void if condition is not satisfied.

Contract remains valid even if warranty is not satisfied.

It is essential for the contract.

'

It is not essential but desirable in the contract. It is collateral (additional security) to the main contract.

Condition can be treated as warranty by the buyer.

Warranty can not be treated as condition by the buyer.

It can be waived (ignored) by law if found impossible.

It can also be waived by law if found impossible.

In dispute, what is condition, is decided by interpretation of the term.

In dispute, what is warranty, is decided by interpretation of the term.

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Notes of The Sale of Goods Act, 1930 - Conditions and Warranties (Old & New)



  1. Distinguish between ‘condition’ and ‘warranty’ (Sale of Goods Act)
    see in detail

  2. Explain the principle of caveat emptor.
    see in detail

  3. What are the exceptions to the principle of caveat emptor?
    see in detail

  4. “If you have contracted to sell peas, you cannot oblige a party to take beans.” Comment.
    see in detail


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