What are conditions in Sale of Goods Act

Stipulations regarding quality of the goods, price mode of payment, delivery of goods etc. are very important are known as conditions and warranties There is a difference between conditions and warranties. While some of them may not be very important but some stipulations may be major terms which go to the very root of contract and any breach may frustrate the contract, while others may be minor terms which are not very vital that their breach may seem to be breach of contract as such. 

 

In law of sales major terms are called “Condi­tions” and minor terms are called “warranties”

From the terms of contract, it is necessary to distinguish mere statements commendation or praise or expressions made by the seller in reference to goods. The commendatory statements are neither conditions nor warranties. They do not form part of contract and give no right of action.

 

 For Example: Where a horse dealer, while praising his horse, states that the horse is very lucky and one whosoever shall purchase it must very soon become a millionaire, his statement, being mere commendatory in nature, does not form a part of the contract and its breach ( i.e., if the buyer of the horse does not actually become a millionaire later) does not give rise to any legal consequences.