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warranty and condition are the same basic idea... they both lay out rights and duties for all parties in the contact, and also compensate other party if one party breackes the contract.
the only difference is that condition allows for recission of contract (or setting aside the contract) and warranty does not.
hope this helps!
brie CO
What else can I help you with?
What is the difference between a breach of warranty and a breach of a condition?
A warranty is less important than a condition and does not impact on the main purpose of the contract. A breach of a warranty entitles the injured party to claim for damages ONLY. They may not repudiate the contract. A condition is a major term that goes to the root of the contract. Such term is essentials to the main purpose of the contract and therefore the injured party is entitled to repudiate the contract as well as make a claim for damages.
Condition or a warranty?
condition is a stipulation between seller and buyer . it goes to root of the contract .if there is breach of condition then seller can treat the contract as reputiated in condition if product is not given according to the satisfication then buyer can clai whole amount and return the product. a condition con be both condition as well as warranty.warranty is an assurance provided to the buyer from the company that their product is free from all the defects. if their is breac of warranty then buyer can claim only demages can not treat contract as repudiated
Can you draw or advance with mt760?
It depends on the condition and warranty listed on the contract of MT760.
When a used car dealer give you a service contract can they say the car was sold as-is?
Dealer is selling you the car AS-IS. They are then selling you a service contract from a different company thus the dealer is not the one providing a warranty the service contract provider is the one providing a warranty.
Difference between condition a warranty?
Condition A condition is a term (oral or written) which goes directly 'to the root of the contract', or is so essential to its very nature that if it is broken the innocent party can treat the contract as discharged. That party will not therefore be bound to do anything further under that contract. Warranty A warranty is e term of the contract which is collateral or subsidiary to the main purpose of the contract. It is therefore not so vital as to affect a discharge of the contract. A breach of warranty only entitles the innocent party to an action for damages; he cannot treat the contract as discharged. Both conditions and warranties are terms in a contract and it is for the court to decide in each contract whether, having regard to the intentions of the parties, a term is a condition or a warranty. The importance lies in the remedy in the event of breach.
Can you waive the implied warranty of merchantability in a contract?
Yes, the implied warranty of merchantability can be waived in a contract if both parties agree to it in writing.
Is it true that a breach of warranty is not a breach of contract?
No, a breach of warranty is indeed considered a type of breach of contract. A warranty is a promise or guarantee that certain conditions or qualities will be met, and if those conditions are not fulfilled, it constitutes a breach of the contractual agreement. While all breaches of warranty are breaches of contract, not all breaches of contract necessarily involve warranties.
What is a warranty within a contract?
A warranty within a contract is a promise or assurance provided by one party regarding the quality, condition, or performance of a product or service. It serves as a guarantee that certain specifications will be met and can protect the buyer from defects or failures. If the warranty is breached, the affected party may seek remedies such as repair, replacement, or compensation. Warranties can be express (clearly stated) or implied (inferred from circumstances or conduct).
What would qualify as an implied warranty in an insurance contract?
An implied warranty in an insurance contract refers to an unspoken, unwritten guarantee that certain conditions or standards will be met by the insurer or insured. For instance, in a property insurance policy, there may be an implied warranty that the property is maintained in a reasonable condition and is not being used for illegal activities. If these implied warranties are breached, the insurer may have grounds to deny a claim. Essentially, these warranties uphold the integrity and mutual obligations of both parties within the contract.
What relief are availble to the parties of contract warranty and condition in a sale of good contract or under the law of contract?
None. There are a select few ways to get out of your contract. You have to roam off network over 75% of use. If your company changes its fees such as administrative fees you have 30 days to cancel without penalty, if you express that is your reason.
What is the legal term for a condition in a contract that must be fulfilled in order for the contract to be binding?
The legal term for a condition in a contract that must be fulfilled for the contract to be binding is called a "condition precedent."
Can a breach of warranty become a breach of condition?
No, it's the other way around where the breach of condition can become a breach of warranty.
