📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

    Question

    According to Sale of Goods Act,

    1930
    A A stipulation in a contract of sale with reference to goods which are the subject thereof may be a only a condition Correct Answer Incorrect Answer
    B A stipulation in a contract of sale with reference to goods which are the subject thereof may be a only a warranty. Correct Answer Incorrect Answer
    C A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. Correct Answer Incorrect Answer
    D A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to treat the contract as repudiated. Correct Answer Incorrect Answer
    E A stipulation called a warranty in the contract may only be a warranty. Correct Answer Incorrect Answer

    Solution

    Section 12 of Sale of Goods Act, 1930 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 a 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.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question