If a condition is broken there arises a right to treat the contract repudiated.—Sec. 12(2).
Repudiation of Contract before due date : Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.— Sec. 60.
Consequences of Breach of Warranty:
1. A breach of warranty gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.—Sec. 12(3).
ADVERTISEMENTS:
2. Under certain circumstances a ‘condition’ is to be treated as ‘warranty’.—Sec. 13(1) and 13(2). — See above.
3. Nothing in Section 13 shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.—Sec. 13(3). “It merely saves the rights of the seller, in appropriate cases, to rely upon the impossibility as an excuse to him, if sued by the buyer.”
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4. Remedy for breach of warranty:
(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject to goods, but he may—
ADVERTISEMENTS:
(a) Set up against the seller the breach of warranty in diminution or extinction of the price ; or
(b) Sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from using for the same breach of warranty if he has suffered further damages.— Sec./59.