Which of the following is an incorrect statement for explaining the condition and warranty under the Sale of Goods Act, 1930?

Question

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Under the Sale of Goods Act, 1930, whether a stipulation is a condition or warranty depends on the construction of the contract. The nature of the stipulation is determined based on the intent of the parties and the purpose of the agreement. Therefore, statement (c) is incorrect.

Answer

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.

Answer

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.

Answer

Whether a stipulation in a contract of sale is a condition or a warranty does not depend on the construction of the contract.

Answer

A stipulation may be a condition, though called a warranty in the contract.

(A) Conditions for a Hindu Marriage	(i) Section 13
(B) Registration of Hindu Marriage	(ii) Section 10
(C) Judicial Separation	(iii) Section 5
(D) Divorce	(iv) Section 8

I. Arbitration of excepted matters	1. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386
II. Conditional Arbitration Clauses	2. In re - Interplay between Arb Agreements and Stamp Act 2023 INSC 1066
III. Separability of Arbitration Agreement - Kompetenz Kompetenz	3. Vulcan Insurance Co Ltd v. Maharaj Singh and Anr (1976) 1 SCC 943
IV. Arbitrability of fraud	4. Mitra Guha Builders (India) Co v. ONGC (2020) 3 SCC 222

I. Uti Possidetis	1. Principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it.
II. Pacta Sunt Servanda	2. Two or more states equally exercise sovereignty with respect to a territory and its inhabitants.
III. Condominium	3. Doctrine that territory remains with the possessor state at the end of war or occupation unless otherwise determined by a treaty or an agreement.
IV. Rebus Sic Stantibus	4. Proposition that treaties are binding upon the parties to them and must be performed in good faith.

Which of the following is an incorrect statement for explaining the condition and warranty under the Sale of Goods Act, 1930?

The Correct Option is C

Solution and Explanation

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