Condition versus warranty: breach of condition permits contract repudiation, breach of warranty permits only damages. A stipulation in a contract of sale may be a condition or a warranty. A condition is essential to the main purpose and its breach permits treating the contract as repudiated. A warranty is collateral; its breach gives rise to damages but not to rejection or repudiation. The classification depends on construction of the contract rather than the parties' label.
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Provisions expressly mentioned in the judgment/order text.
Condition versus warranty: breach of condition permits contract repudiation, breach of warranty permits only damages.
A stipulation in a contract of sale may be a condition or a warranty. A condition is essential to the main purpose and its breach permits treating the contract as repudiated. A warranty is collateral; its breach gives rise to damages but not to rejection or repudiation. The classification depends on construction of the contract rather than the parties' label.
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