When Condition changes into Warranty

Sociology | Mercantile Law | International Law | International Relations

We have thoroughly discussed the breach of condition and warranty along with their legal consequences which are that a breach of condition will lead to repudiation of contract while breach of warranty will give rise to the right of claiming damages. But barring these tack, there is another way where condition is treated as warranty. It is possible only when even after the breach of condition the injured party;

  • Does not exercise his right to repudiate the contract
  • Claims for damages instead
  • Accepts the goods if he is a buyer