Wednesday, December 26, 2012

When condition to be treated as warranty?

According to section 13 of The Sale of Goods Act, 1930
  • Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty an not as a ground for treating the contract as repudiate. 
  • Where a contract of sale is not severable and the buyer has accepted a goods or part thereof, or where the contract is for specific goods, the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as s breach of warranty and not as ground for rejecting the goods and treating the contract as repudiated unless, there is a term of a contract, expressed or implied to that effect
  • Nothing in this section shall affect the case of any condition or warranty fulfillment of which is excused by law, by reason of impossibility or otherwise. 

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