A stipulation in a contract of sale of goods whose violation by seller...
Explanation:
Condition in a Contract of Sale of Goods:
A condition in a contract of sale of goods is a stipulation whose violation by the seller entitles the buyer to rescind the contract. In other words, if the seller fails to fulfill a condition mentioned in the contract, the buyer can cancel the contract and claim damages for any loss suffered.
Examples of Conditions:
Some examples of conditions in a contract of sale of goods are:
- Delivery of goods within a specified time
- Sale of goods free from any encumbrance or charge
- Sale of goods matching the description provided by the seller
- Sale of goods of satisfactory quality
Difference between Guarantee and Warranty:
A guarantee is an assurance provided by the seller to the buyer that the goods sold will meet certain standards or perform a certain function. If the goods fail to meet these standards or perform the function as promised, the buyer can claim damages.
On the other hand, a warranty is a promise made by the seller that the goods sold will be free from defects for a specified period. If the goods are found to be defective during this period, the seller is obliged to repair or replace them.
Difference between Term and Condition:
A term is a provision in a contract that determines the rights and obligations of the parties involved. Unlike a condition, a breach of a term does not give the injured party the right to cancel the contract.
For example, if a seller agrees to deliver goods to a buyer on a particular date, it is a term of the contract. If the seller fails to deliver the goods on that date, the buyer can claim damages, but cannot cancel the contract.
Conclusion:
In conclusion, a condition in a contract of sale of goods is a stipulation whose violation by the seller entitles the buyer to rescind the contract. It is different from a guarantee, warranty, and term in a contract.
A stipulation in a contract of sale of goods whose violation by seller...
Answer is c) condition . ( Because breach of condition gives the buyer the right to repudiate/cancel the contract ; but in case of breach of warranty the buyer cannot repudiate the contract but can claim damages)