{"title":"Contracts of Sale: Terms, Conditions and Warranties with Special Reference to Sale of Goods Act, 1930","authors":"Sankalp Jain","doi":"10.2139/SSRN.2776977","DOIUrl":null,"url":null,"abstract":"A condition is a term that is so essential to the agreement that its breach is considered to be a substantial failure to perform the contract. A breach of a condition is said to go to the root of the contract. A warranty is a term of contract that is not so essential. A warranty must be performed, but a breach of it is not considered to go to the root of the contract. This meaning of warranty should not be confused with other uses of the word such as in “one-year maintenance warranty”. Damages are the remedy for breach of a warranty.","PeriodicalId":333064,"journal":{"name":"LSN: Other Issues Involving the Sale of Goods or Services to Consumers (Topic)","volume":"75 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2015-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Other Issues Involving the Sale of Goods or Services to Consumers (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2776977","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
A condition is a term that is so essential to the agreement that its breach is considered to be a substantial failure to perform the contract. A breach of a condition is said to go to the root of the contract. A warranty is a term of contract that is not so essential. A warranty must be performed, but a breach of it is not considered to go to the root of the contract. This meaning of warranty should not be confused with other uses of the word such as in “one-year maintenance warranty”. Damages are the remedy for breach of a warranty.
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