The differences between condition and warranty are as below:
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Condition |
Warranty |
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1. A condition is a stipulation, which is essential to the main purpose of the contract. It is valuable. |
1. A warranty is a stipulation which is collateral or auxiliary to the main purpose of the contract. |
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2. The aggrieved party can repudiate the contract of sale of goods. |
2. The aggrieved party can claim damage for the loss only. |
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3. Breach of conditions may be treated as a breach of contract. |
3. Breach of warranty may not be treated as a breach of contract. |
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4. There are more liabilities for the parties created by the conditions of contract. |
4. There are fewer liabilities for the parties created by the warranty of contract. |
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5. In repudiation of the contract, the aggrieved party should be discharged from his liability. |
5. In repudiation of the contract, the aggrieved party can not be discharged from his liability without fulfilling the obligations. |