196k views
0 votes
Explain the difference between a Warranty and a Condition in respect of the Law of Contract. What are the consequences of this classification? Illustrate with appropriate examples.

1 Answer

6 votes

Final answer:

The difference between a warranty and a condition is that a warranty is a minor guarantee that does not go to the essence of the contract, while a condition is a major guarantee central to the contract. Breaching a condition allows the injured party to terminate the contract and claim damages, whereas breaching a warranty only allows for damages. For instance, a warranty to repair a car contrasts with a condition guaranteeing a car's roadworthiness.

Step-by-step explanation:

In the context of contract law, there are fundamental differences between a warranty and a condition, each with its own consequences when breached. A warranty is a lesser, collateral promise in a contract that is not central to the purpose of the agreement, whereas a condition is a promise that is fundamental to the performance of that contract.

Consequences of breaching a warranty are limited to claiming damages and do not allow the non-breaching party to terminate the contract. However, breaching a condition gives the non-breaching party the right to claim damages as well as an option to terminate the contract altogether. For example, when purchasing a car, a warranty that the seller offers to fix any damages within a certain period is a warranty. On the other hand, if the seller guarantees that the car is roadworthy, this is a condition because if the car is not roadworthy, the core purpose of the contract (to drive the car) is undermined, allowing the buyer to terminate the purchase agreement.

User Zakaria Acharki
by
7.7k points