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    Question

    According to Sales of Goods Act, 1930. Where a contract

    of sale is not severable and the buyer has accepted the goods or part thereof
    A the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty Correct Answer Incorrect Answer
    B the breach of any condition to be fulfilled by the seller can only be treated as a breach of condition Correct Answer Incorrect Answer
    C the breach can be used as a ground for rejecting the goods Correct Answer Incorrect Answer
    D the breach can be used in treating the contract as repudiated Correct Answer Incorrect Answer
    E the breach of any condition to be fulfilled by the seller can only be treated as a breach of stipulation Correct Answer Incorrect Answer

    Solution

    Section 13 of Sales of Goods Act, 1930 Where a contract of sale is not severable and the buyer has accepted the goods or part thereof,   the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.

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