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Question
Distinguish between Conditions and Warranty.
Distinguish Between
Solution
| Basis for Difference | Condition | Warranty |
| 1. Meaning | It is a stipulation which is essential to the main purpose of the contract of sale. | It is a stipulation which is collateral to the main purpose of the contract. |
| 2. Significance | Condition is necessary to the contract that the breaking of which cancels out the contract. | The violation of the warranty will not revoke the contract. |
| 3. Transfer of Ownership | Ownership of goods cannot be transferred without fulfilling the conditions. | Ownership of goods can be transferred to the buyer without fulfilling the warranty. |
| 4. Remedy | In case of breach of contract, the affected party can cancel the contract and claim damages. | In the ease of breach of warranty, the affected party cannot cancel the contract but can claim damages only. |
| 5. Treatment | Breach of condition may be treated as a breach of warranty. | Breach of warranty cannot be treated as a breach of condition. |
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Conditions and Warranties
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