Q.2 When a Condition Treated as Warranty?
Ans: CONDITION AS WARRANTY
The following are the cases in which a condition can be treated as warranty.
1. AT BUYER’S WILL
Where the contract of sale is subject to any condition to be fulfilled by the seller and that condition is not fulfilled, now it depends on the buyer he may treat the condition as condition and repudiate the contract, or he may treat the condition as warranty and claim for damages.
2. WHEN CONTRACT PARTLY
Where the contract of sale is not sever able and the buyer has accepted the goods or part of the goods, the breach of any condition to be fulfilled by the seller can only be treated, as a breach of warranty and contract cannot be repudiated. The buyer can claim only for damages.