Under the Sale of Goods Act, 1930, which of the following is a correct proposition? (a) Warranty is a…
A warranty is collateral to the main purpose of the sale contract under section 12(3). Its breach ordinarily gives a damages claim, not a right to reject the goods and…
Choose your answer
Under the Sale of Goods Act, 1930, which of the following is a correct proposition?
(a) Warranty is a stipulation essential to the main contract of sale of goods.
(b) Warranty is a stipulation collateral to the main purpose of contract.
(c) Breach of warranty gives right to a buyer to repudiate the contract.
Answer and explanation
Correct answer B
A warranty is collateral to the main purpose of the sale contract under section 12(3). Its breach ordinarily gives a damages claim, not a right to reject the goods and repudiate. A stipulation essential to the main purpose is a condition under section 12(2), regardless of an inaccurate warranty label.
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