Treating a breached condition as a warranty allows buyers to seek warranty remedies instead of repudiating the sale. A buyer may waive a contract condition or elect to treat its breach as a breach of warranty rather than as grounds for repudiation. If the contract is not severable and the buyer has accepted goods or part thereof, breach of a condition is generally treated as a warranty breach and not as justification for rejecting the goods, unless an express or implied contract term provides otherwise; legal excuses such as impossibility remain unaffected.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Treating a breached condition as a warranty allows buyers to seek warranty remedies instead of repudiating the sale.
A buyer may waive a contract condition or elect to treat its breach as a breach of warranty rather than as grounds for repudiation. If the contract is not severable and the buyer has accepted goods or part thereof, breach of a condition is generally treated as a warranty breach and not as justification for rejecting the goods, unless an express or implied contract term provides otherwise; legal excuses such as impossibility remain unaffected.
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