Section 12 of SOGA : Section 12: Condition And Warranty

SOGA

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Imagine you purchase a new smartphone online, and the product description specifies that it comes with a 128GB internal storage capacity. This specification is a condition of the sale contract because it is essential to the main purpose of the contract. If the smartphone delivered to you only has 64GB of storage, this would be a breach of condition, giving you the right to repudiate the contract and return the phone for a full refund.

On the other hand, if the seller promises that the phone comes with a free phone case, this promise is a warranty. It is a stipulation collateral to the main purpose of buying the smartphone. If the phone arrives without the free case, you would be entitled to claim damages, such as requesting the case or its monetary value, but this breach would not typically allow you to reject the smartphone altogether.

Prepare for AIBE 20 with KanoonGPT

AI-powered study plan, past-paper analysis and full-length mock tests - tailored feedback to boost your score.