When can condition be treated as warranty? Comment.
Condition to be treated as warranty: Section 13 of the Sale of Goods Act lays down the following two conditions when a condition becomes a
- Waiver by buyer: Where a contract of sale is subject to any condition to be to at the fulfilled by the seller, the buyer may (a) waive the condition, or (b) elect to treat the breach of the condition as a breach of warranty. The buyer has the option accept the goods and claim damages from the seller. If he once decides to waive the condition, he cannot afterwards insist on its fulfilment. [Section 13(1)]
- Acceptance of goods by buyer: Where a contract of sale is not severable, ie. it is indivisible and the buyer has accepted the goods or part thereof, the breach of any condition is to be treated as a breach of a warranty. [Section 13(2)]
Example : Certain goods were promised to be delivered on June 1, time being made the essence of the contract. The goods were delivered on June 2. The buyer accepts the goods.