The Sale of Goods law governs contracts of sale of goods and protects both buyers and sellers. Exam questions frequently ask the difference between conditions and warranties, rules of transfer of property, and rights of an unpaid seller. This topic provides a clear, exam-style explanation with tables.
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Sale vs agreement to sell:
Condition vs warranty:
Business law encompasses all of the laws that dictate how to form and run a business. This includes all of the laws that govern how to start, buy, manage and close or sell any type of business. Business laws establish the rules that all businesses should follow.
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The Sale of Goods law governs contracts of sale of goods and protects both buyers and sellers. Exam questions frequently ask the difference between conditions and warranties, rules of transfer of property, and rights of an unpaid seller. This topic provides a clear, exam-style explanation with tables.
Common implied conditions:
Common implied warranties:
Transfer of property means transfer of ownership in goods from seller to buyer. It determines rights, risk and remedies.
Exam-level idea:
General rule: risk follows ownership (risk passes with property), unless otherwise agreed.
Seller is “unpaid” when:
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In a contract of sale, stipulations may be conditions or warranties.
A condition is a stipulation essential to the main purpose of the contract. Its breach gives the buyer the right to reject the goods and also claim damages.
A warranty is a stipulation collateral to the main purpose of the contract. Its breach gives only the right to claim damages and not the right to reject the goods.
Example: If a buyer orders “new original” machine and receives old machine, it is breach of condition and buyer can reject. If a warranty about minor accessory is breached, buyer generally claims damages.
Thus, the difference mainly lies in importance and remedy.