Act Number: 3

Act Name: The Sale of Goods Act, 1930

Year: 1930

Enactment Date: 1930-03-15

Long Title: An Act to define and amend the law relating to the sale of goods.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 12: Condition and warranty.
        (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty.
         (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which     gives rise to a right to treat the contract as repudiated.
         (3) 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.
         (4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.
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