Distinguish between a ‘Condition’ and a ‘Warranty’ in a contract of sale. When shall a ‘breach of condition’ be treated as ‘breach of warranty’ under the provisions of the Sale of Goods Act, 1930? Explain.

Difference between Condition and Warranty (i) A condition is a stipulation essential to the main purpose of the contract whereas a warranty is a stipulation collateral to the main purpose of the contract. (ii) Breach of condition gives rise to a right to treat the contract as repudiated whereas in case of breach of warranty, the aggrieved party can claim damage only. (iii) Breach of condition may be treated as breach of warranty whereas a breach of warranty cannot be treated as breach of condition. According to Section 13 of the Sale of Goods Act, 1930 a breach of condition may be treated as breach of warranty in following circumstances: (i) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, (ii) Where the buyer elects to treat the breach of condition as breach of a warranty. (iii) Where the contract of sale is non-severable and the buyer has accepted the whole goods or any part thereof. (iv) Where the fulfillment of any condition or warranty is excused by law by reason of impossibility or otherwise.