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When a breach of condition is to be treated as a breach of warranty

Under certain circumstances, the legal effect of a condition may totally disappear or may get reduced to the effect of a warranty. As the result the buyer’s right to reject the goods shall be lost but his right to recover damages may continue. A condition may reduce to a warranty in the following circumstances:

Voluntary waiver of condition

Where a contract of sale is subject to any condition to be fulfilled by the seller, and the seller commits a breach, the buyer has the option to waive the condition or elect to treat the breach of the condition as a breach of warranty. If the buyer once decides to waive the condition, he cannot afterwards insist on its fulfillment.


Note: If the buyer waives the condition or treats breach of condition as breach of warranty, he does not lose his right to recover damages from the seller.

Acceptance of a part of the goods

Where a contract of sale is indivisible and the buyer has accepted the goods or a part thereof, or where the fulfillment of ant condition is excused by law by reason of impossibility or otherwise



Mohan agrees to supply 500 bags of rice to Sohan on 1st December. Mohan failed to supply on the agreed date. After a week Mohan gets the goods to Sohan. Sohan can accept this delivery by treating breach of condition as breach of warranty and can claim damages.

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