What is Condition?

As per Section 12(2) of the Sale of Goods Act 1930, “a condition is a stipulation essential to the main purpose of the contract, the breach of which gives the aggrieved party a right to repudiate the contract itself”.

In simple words, we can define the condition as an essential requirement for the foundation of every contract. Every party to the contract must perform their part of the condition and if in case there is a breach of condition, then the aggrieved party can treat the contract as a repudiated contract. In case of a purchase of any good, the buyer can refuse to accept the good or treat the contract as repudiated if the seller has not fulfilled the conditions of the sale of the goods. In case when the buyer has paid the price before receiving the goods and once he/she receives the goods finds that the seller has breached the condition of the sale, then the buyer has the option to recover the price of the good and can also claim for damages for the breach of the condition.

In the fast-paced economy, trade and commerce are flourishing extensively and people are buying products and services. The Sale of Goods Act 1930, governs the sale of any product and services in our country. The provisions of these acts were previously covered by the Indian Contract Act, 1872 but because of a huge number of transactions of sales, a separate act was necessary. Both these acts are correlated and any contract under the Sale of Goods Act, 1930 has some essential element of the Indian Contract Act, 1872.

In case any customer is buying any product, they must know the terms and conditions regarding these products. These things will benefit the customer after the purchase of the product if the product is faulty. The seller or the manufacturer of the product provides warranty and conditions to the product and the customer can take the benefit of the warranty if he/she has fulfilled the conditions given with the product. These conditions are mainly provided in the case of any electronic gadgets, the seller has mentioned all the conditions regarding the usage of the product. If in case the buyer has violated any conditions of the usages, then the seller is not liable to provide him/her any benefits.

Geeky Takeaways:

• The Sale of Goods Act 1930, governs the sale of any product and services in our country.
• Condition is an essential requirement for the foundation of every contract.
• Either party can take the benefit of the same in case of breach of the terms given at the time of the sale.
• In contract law, warranty and condition are related to certain provisions that comprise a sales agreement.
• Condition protects the rights of both seller and buyer in a sale of goods agreement.