Multiple choice

“Breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition”. The given statement is

  1. true

  2. false

  3. self-contradictory

  4. logically consistent, but legally untenable
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A Correct answer
Explanation

Option (1) is correct: 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. 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. So breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition.

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