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is a stipulat...

Question

_________ is a stipulation collateral to the main purpose of the contract which creates right to claim damages and not to rescind the contract.

A

Condition

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B

Warranty

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C

Both condition and warranty

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D

Neither condition nor warranty

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Solution

The correct option is B Warranty
A stipulation in a contract of sale with reference to the goods which are the subject matter thereof may be either condition or warranty.A "Warranty", under the Sale of Goods Act, has been defined as a stipulation collateral to the main purpose of the contract which creates rights to claim damages.

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Q. A stipulation which is collateral to the main purpose of the contract and provides the buyer only right to claim the damages is known as _________.

Q. Under the Sale of Goods Act, a Condition is a stipulation essential for the ________ of the contract.

Q. Breach of a "Warranty" in a contract of sale of goods, gives the right to _______.

Q. Assertion :A breach of contract gives rise to a right of the injured party to recover the damages. Reason: The purpose of payment of damages is to restore the position of both the parties in the same status in which they would have been, had they not entered into the contract.

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