This question relates to the Sale of Goods Act and the distinction between "conditions" and "warranties." A condition is a stipulation essential to the main purpose of the contract, the breach of which gives the buyer the right to repudiate the contract. A warranty is a stipulation collateral to the main purpose, the breach of which gives the buyer the right to claim damages. The seller's offer to take back the animal suggests that the statement's breach is serious enough to warrant a significant remedy, making it potentially either.
The seller asserted that there was nothing wrong with the animal he was selling and offered to take her back if she turned out not to be what he said she was; the offer of the seller to take her back clearly indicated that the statement was: (i) A condition (ii) A warranty (iii) Either (i) or (ii) subject to selection by buyer (iv) Either (i) or (ii) as decided by seller
Asked in Paper I 4 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
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