| Dictionary |
|
warranty A warranty is a stipulation collateral to the main purpose of the contract, the breach to which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. A contract may contain conditions and warranties. A condition is a stipulation which is fundamental to the contract, whereas a warranty is a provision which is subsidiary or collateral to the main purpose of the contract. The question whether a particular stipulation is a condition or warranty depends upon the intention of the parties to be ascertained in the case of a written contract from the document or documents and in the case of an oral contract from the surrounding circumstances. (Halsburys Laws of England). |