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Distinction between Condition and Warranty

S.No.
Basis
Condition
Warranty
1
Meaning
A condition is a stipulation which is essential to the main purpose of the contract [Sec.12(2)]
A warranty is a stipulation which is only collateral or subsidiary to the main purpose of the contract [Sec. 12(3)]
2
Importance
It is of high importance. The main contract cannot be completed unless the condition is fulfilled
It is not of high importance. The main contract can be completed even if the warranty is not fulfilled
3
Breach of contract
The aggrieved party can repudiate the contract or claim damages or both in the case of breach of condition
The aggrieved party can only claim damages in case of breach of warranty
4
Treatment on Breach
A breach of condition may be treated as a breach of warranty
A breach of warranty cannot be treated as a breach of condition




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