Section 12: Condition and warranty.

The Sale of Goods Act, 1930Central Act · Act 3 of 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.

Where this provision sits

Act	The Sale of Goods Act, 1930
Section	12
Marginal note	Condition and warranty.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	1

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