Conditions:a condition is a stipulated essential to the main purpose of the contract ,breach of

which gives rise to a right to treat the contract as repudiated .A condition in a

contract of sale is the stipulation which constitutes the hardcore of the contract and
is essential to the main purpose of the contract

kinds of conditions:a.)express conditiona condition that has been expressly provided for agreed upon by both the parties at
the time of the contract of sale .
b.)implied conditionsconditions are said to be implied when the law incorporates their existence as
implicit to a contract of sale unless otherwise agreed upon between parties .both
parties shall be bound by implied conditions unless they are excluded by an express
agreement between them
Implied conditions are of following seven types:1.)condition as to title
2.)condition as to description
3.)condition as to sample
4.)condition as to sample as well as description
5.)condition as to quality or fitness
6.)condition as to merchantability
7.)condition as to wholesomeness

Warranties:a warranty is a stipulation collateral to the main purpose of the contract ,the breach
of which gives rise to a claim for damages but not to a right to reject the goods and
treat the contract as repudiated

kinds of warranties:a.)express warranties

- a warranty is said to be express when the term of the contract expressly provides
for it. At the time of contract of sale, both the parties may agree upon any number
of express warranties

b.)implied warrantiesan implied warranty is one which the law incorporates into a contract of sale. Even
when no express representations have been made in connection with a contract of

sale, the law implies certain representations as having been made by the parties
while entering into the contract

.following are the three implied warranties:1.)warranty as to quiet

2.)warranty against encumbrances
3.)warranty to disclose the dangerous nature of goods

Conditions

Stipulations that are

essential for main
purpose of contract.
Non-fulfillment of
such will mean loss
of foundation of
contract. These are
termed as
Conditions.

A contract of sale
cannot be fulfilled
unless the condition
to it, is fulfilled.

In case of breach of
condition, the
aggrieved party can
reject the contract

Breach of condition
can be treated as
breach of warranty
if the aggrieved
party is happy with
compensation.

Warranty

Warranty is collateral
to the main purpose of
contract.

The main contract can

be fulfilled even if the
warranty is not
fulfilled.

In case of breach of
warranty, the
aggrieved party can
only claim for
damages.

Breach of warranty
can not be treated as
breach of condition.

Doctrine of caveat emptor

is a latin expression that means caution buyer i.e let the buyer beware the buyer
alone is responsible for checking the quality and suitability of goods before a
purchase is made. So, the buyer must examine goods thoroughly

Doctrine of caveat venditor

means let the seller beware.the seller shall be under an obligation to inform the
buyer of any defeat in the goods sold at the time of the contract ,except in a case
where the defeat is obviously known to the buyer .this force the seller to take
responsibility for the product and discourages sellers from vending products of
unreasonable quality or of dangerous nature