What is the Difference Between Condition and Warranty?
🆚 Go to Comparative Table 🆚The difference between a condition and a warranty lies in their importance and consequences in contract law:
- Condition: A condition is a fundamental term that directly influences the essence of a contract. It is an essential part of the contract that must be fulfilled before the contract can be completed. If a condition is breached, the affected party has the right to terminate the contract and claim damages.
- Warranty: A warranty is a secondary promise or term in the contract that provides additional assurances concerning the quality, performance, or fitness of a product or service. It is not as crucial to the contract as a condition. If a warranty is breached, the affected party has the right to claim damages but cannot terminate the contract.
In summary, a condition is an indispensable part of the contract that must be met for the contract to be valid, while a warranty is a secondary promise that offers assurances but does not affect the contract's core. Breaching a condition allows the affected party to terminate the contract and claim damages, whereas breaching a warranty only allows the affected party to claim damages without invalidating the contract.
Comparative Table: Condition vs Warranty
Here is a table comparing the differences between a condition and a warranty:
Parameter | Condition | Warranty |
---|---|---|
Definition | Forms the basis of the contract | A written guarantee issued by the seller |
Importance | Primary obligation, crucial to the contract | Secondary promise, less crucial than a condition |
Breach Consequences | Right to repudiate the contract and claim damages | Right to claim damages without making the contract invalid |
A condition is a fundamental term in a contract that directly influences the essence of the contract. Breach of a condition entitles the aggrieved party to terminate the contract and claim damages. On the other hand, a warranty is an additional stipulation in a contract that provides assurances or guarantees regarding the state of the product. The breach of a warranty allows the aggrieved party to claim damages but does not invalidate the contract.
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