Question 3 (a) part i

Condition treated as warranty

3 marks

Time to write: About 6 minutes

From an older CBCS paper

Question

Question 3 (a) part i · 3 marks

In what case can a breach of condition be treated as a breach of warranty ?

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

6 minfor 3 marks

What the paper leaves open

Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).

Write it in this order

1 (i) Condition treated as warranty 3 marks 6 min

Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

(i) Condition treated as warranty (s. 13). A breach of condition is treated as a breach of warranty, so that the buyer loses his right to reject the goods and can claim damages only:

where the buyer altogether waives the performance of the condition;
where the buyer elects to treat the breach of the condition as a breach of warranty;
where the contract is not severable and the buyer has accepted the goods or part of them; and
where the law excuses performance of the condition, because it has become impossible or for some other legal reason (s. 13(3)).

Where the 3 marks sit

#	Component	Marks
1	(i) Condition treated as warranty	3
	Total	3

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