Question

Which of the following gives a right to claim damages for its breach?

• A. Conditions
• B. Warranties
• C. Both (a) and (b) above
• D. None of the above.

Answer 1

The correct option is C Both (a) and (b) above

A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty.
A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.
A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. Thus, both condition and warranty give a right to claim damages for its breach.