2. Conditions as to Description

. Conditions as to Description In a contract of sale by description, there is an implied condition that goods supplied Sl. No Basic of Difference Condition Warranty . Meaning It is a stipulation which is essential to the main purpose of the contract of sale. It is a stipulation which is collateral to the main purpose of contract. . Significance Condition is so essential to the contract that the breaking of which cancels out the contract. It is of subsidiary or inferior character. The violation of warranty will not revoke the contract. . Transfer of Ownership Ownership on goods cannot be transferred without fulfilling the conditions. Ownership on goods can be transferred on the buyer without fulfilling the warranty. . Remedy In case of breach of contract, the affected party can cancel the contract and claim damages. In the case of breach of warranty, the affected party cannot cancel the contract but can claim damages only. . Treatment Breach of condition may be treated as breach of warranty Breach of warranty cannot be treated as breach of condition. should agree with the descriptions made by the seller. eg. ‘A’ has bought a machinery from ‘B’ who described it to be just one year old. After buying the machinery and using it for a month, ‘A’ came to know that it is very old machinery. In this case, ‘A’ can return the machinery to ‘B’ on the ground that machinery is not as per the description i.e. not recent one.