What is the difference between a condition and a warranty?

      

What is the difference between a condition and a warranty?

  

Answers


Maurice
(a) A condition is a major term of a contract or a term of a major stipulation.

A warranty is a minor term of a contract or a term of a minor stipulation.

(b) A condition runs to the root of the contract.

A warranty does not run to the root of the contract.

(c) A condition is part of the central theme of the contract

A warranty is a collateral or peripheral term of the contract.

(c) For condition if breached, it entitles the innocent party to treat the contract as repudiated and sue in damages for the breach. As was the case in Poussard V. Spiers and Pond where it was held that the singers non appearance from the beginning of the season amounted to a breach of a condition and the organizers were entitled to treat the contract as repudiated.

A warranty if breached, it entitles the innocent party to an action in damages but the contract remains enforceable. The party is therefore bound to honour its part. In Bettini V. Gye it was held that the term broken was a warranty.
maurice.mutuku answered the question on April 28, 2018 at 13:25


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