Question
Provisions of condition and warranty are in which
section of Sales of Goods Act, 1930?Solution
Section 12 of Sales of Goods Act, 1930 A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty.(2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.(3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.(4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. Β
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