Print View

[Section Index]

The Sale of Goods Act, 1930

( ACT NO. III OF 1930 )

Chapter II

FORMATION OF THE CONTRACT

Conditions and Warranties

Condition and warranty
12. (1) 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 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.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs