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#contract #law #terms
The traditional division of terms into conditions and warranties was adopted in the drafting of the Sale of Goods Act 1893, where a condition was defined in s 11 as a term 'the breach of which may give rise to a right to treat the contract as repudiated'; a warranty was defined as a term 'the breach of which may give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated'. The Act provided, by s 62, that a warranty was 'collateral to the main purpose of the contract'. These definitions were included without alteration in the Sale of Goods Act 1979 ('SGA 1979') and remain unaffected by the Sale and Supply of Goods Act 1994.
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