What is the Difference Between Condition and Warranty?

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The difference between a condition and a warranty lies in their importance and consequences in contract law:

  • Condition: A condition is a fundamental term that directly influences the essence of a contract. It is an essential part of the contract that must be fulfilled before the contract can be completed. If a condition is breached, the affected party has the right to terminate the contract and claim damages.
  • Warranty: A warranty is a secondary promise or term in the contract that provides additional assurances concerning the quality, performance, or fitness of a product or service. It is not as crucial to the contract as a condition. If a warranty is breached, the affected party has the right to claim damages but cannot terminate the contract.

In summary, a condition is an indispensable part of the contract that must be met for the contract to be valid, while a warranty is a secondary promise that offers assurances but does not affect the contract's core. Breaching a condition allows the affected party to terminate the contract and claim damages, whereas breaching a warranty only allows the affected party to claim damages without invalidating the contract.

Comparative Table: Condition vs Warranty

Here is a table comparing the differences between a condition and a warranty:

Parameter Condition Warranty
Definition Forms the basis of the contract A written guarantee issued by the seller
Importance Primary obligation, crucial to the contract Secondary promise, less crucial than a condition
Breach Consequences Right to repudiate the contract and claim damages Right to claim damages without making the contract invalid

A condition is a fundamental term in a contract that directly influences the essence of the contract. Breach of a condition entitles the aggrieved party to terminate the contract and claim damages. On the other hand, a warranty is an additional stipulation in a contract that provides assurances or guarantees regarding the state of the product. The breach of a warranty allows the aggrieved party to claim damages but does not invalidate the contract.