Conditions & Warranties

Differences Between Conditions & Warranties

1. Nature2. Remedies3. Condition as Warranty

When Breach of Condition is Treated as Breach of Warranty1. Voluntary Waiver2. Compulsory Treatment of

Condition as Warranty

Types of Conditions & Warranties1. Express2. Implied

Implied Conditions1. Condition as to title Case: Rowland Vs

Divall2. Condition as to description Case: Varley

Vs Whipp, Nicholson Vs Smith3. Condition as to sample4. Condition as to quality or fitnessa) Where goods are required for a particular

purposeb) Number of purposesc) Goods purchased under trade markd) Abnormality5. Condition as to merchantability 6. Condition as to wholesomeness Case:

Frost Vs Aylesbury Dairy Co Ltd

Implied Warranties1. Quiet Possession2. Freedom from encumbrances3. Usage of trade4. Dangerous nature

Doctrine of Caveat EmptorMeaning:Exceptions1. Implied condition as to quality or fitness2. Sale of goods by description3. Usage of trade4. Consent by fraud