A warranty is a stipulation _________to the main purpose of contract:a...
Other stipulations, which are not essential are termed as 'warranty'. Both of these are collateral to a contract of sale of goods. Contract cannot be avoided for breach of warranty, but aggrieved party can claim damages.
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A warranty is a stipulation _________to the main purpose of contract:a...
Introduction:
A warranty is a stipulation that is collateral to the main purpose of a contract. It is an additional promise made by one party to the contract to provide a certain level of assurance or guarantee regarding the subject matter of the contract.
Explanation:
A warranty is a contractual provision that provides for a specific remedy if the product or service provided under the contract is defective or does not meet certain specified standards. It is separate from the main purpose of the contract, which is usually the exchange of goods or services for payment.
Collateral to the main purpose of a contract:
The term "collateral" refers to something that is complementary or supplementary to the main purpose. In the case of a warranty, it is collateral to the main purpose of the contract because it provides additional assurance or guarantee to the buyer or the party receiving the product or service. The main purpose of the contract is fulfilled through the exchange of goods or services, while the warranty provides a form of protection or recourse if the product or service does not meet the agreed-upon standards.
Example:
For example, let's say you purchase a new electronic device such as a smartphone. The main purpose of the contract is for you to receive the smartphone in exchange for payment. However, the manufacturer may also provide a warranty that guarantees the device will be free from defects for a certain period of time. This warranty is collateral to the main purpose of the contract because it provides an additional level of assurance to the buyer. If the device malfunctions or fails to meet the specified standards during the warranty period, the buyer can seek a remedy such as repair, replacement, or refund as specified in the warranty terms.
Conclusion:
In summary, a warranty is a stipulation that is collateral to the main purpose of a contract. It provides an additional level of assurance or guarantee regarding the subject matter of the contract, separate from the main exchange of goods or services. It is an important contractual provision that helps protect the interests of the buyer or the party receiving the product or service.