4 What are the circumstances under which breach of condition is treated as breach of warranty? Explanation
Answer:- The circumstances under which breach of condition is treated as breach of warranty
Breach of condition to be treated as breach of warranty – According to Section 13, under certain circumstances, a breach of condition is to be treated as a breach of warranty, i.e., the right to repudiate the contract is deemed to have been lost. These circumstances are:
Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may either:
- Waive the condition
- Elect to treat the breach of the condition as a breach of warranty.
