When the buyer treats condition as warranty,
-
he loses the right to reject the goods
-
he can claim only damages
-
Both (1) and (2)
-
None of the above
Reveal answer
Fill a bubble to check yourself
C
Correct answer
Explanation
In the following cases, a contract is not avoided even on account of a breach of a condition:
1. Where the buyer altogether waives the performance of the condition, a party may for his own benefit, waive a stipulation; or 2. Where the buyer elects to treat the breach of the conditions, as one of a warranty. He may claim only damages instead of repudiating the contract; or 3. Where the contract is non-severable and the buyer has accepted either the whole goods or any part thereof. Acceptance means acceptance as envisaged in Section 72 of the Indian Contract Act, 1872.
- Where the fulfillment of any condition or warranty is excused by law by reason of impossibility or otherwise.