2 ways when a Condition can be treated as a “Warranty” are listed below:
1. Voluntary waiver of a condition:
The buyer may elect to treat a breach of condition as a breach of warranty, i.e., instead of repudiating the contract he may accept performance and sue for damages, if he has suffered any.—Sec. 13(1).
Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition.
Image Source: static1.squarespace.com
2. Compulsory waiver of a condition:
Where a contract of sale is not severable and the buyer has accepted the goods or a part thereof, he cannot repudiate the contract but can only sue for damages. In such a case, the breach of condition can only be treated as a breach of warranty, unless there is a contract to the contrary.—Sec. 13(2).
If a buyer prevents the fulfilment of a condition contained in the contract, the condition becomes invalid.
Example:
ADVERTISEMENTS:
Certain goods were promised to be delivered on 1st June, time being made the essence of the contract. The goods were delivered on the 2nd June. The buyer may accept the goods.