Question 2 (a) part i
Condition and warranty
5 marks
- Time to write
- About 10 minutes
From an older CBCS paper
Question
Question 2 (a) part i · 5 marksDefine ‘condition’ and ‘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
Read from the question
- DefineA precise definition in one or two lines.
What the paper leaves open
Marked as one question of 10 marks; answered here in 2 parts of 5 marks each (marks inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Condition and warranty 5 marks 8 min
- Check: every ask answered, key terms underlined 1 min
Try it first. About 10 minutes for 5 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.
Condition and warranty. A condition is a stipulation so essential to the main purpose of the contract that its breach lets the aggrieved party treat the contract as repudiated (s. 12(2)); a warranty is a stipulation collateral to that main purpose, and its breach gives only a claim for damages, with no right to reject the goods and treat the contract as repudiated (s. 12(3)). A breach of condition may be treated as a breach of warranty, but not vice versa.
Where the 5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Condition and warranty | 5 |
| Total | 5 |
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