Question

Distinguish between Condition and Warranty.

Answer 1

Basis for Difference	Condition	Warranty
1. Meaning	It is a stipulation which is essential to the main purpose of the contract of sale.	It is a stipulation which is collateral to the main purpose of contract.
2. Significance	Condition is necessary to the contract that the breaking of which cancels out the contract.	The violation of warranty will not revoke the contract.
3. Transfer of Ownership	Ownership on goods cannot be transferred without fulfilling the conditions.	Ownership on goods can be transferred on the buyer without fulfilling the warranty.
4. Remedy	In case of breach of contract, the affected party can cancel the contract and claim damages.	In the case of breach of warranty, the affected party cannot cancel the contract but can claim damages only.
5. Treatment	Breach of condition may be treated as breach of warranty.	Breach of warranty cannot be treated as breach of condition