In case of a warranty, the buyer can:

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UGC NET Paper 2: Commerce 29 Sep 2022 Shift 2
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  1. Repudiate the contract
  2. Claim damages only
  3. Return the goods
  4. Refuse to pay the price

Answer (Detailed Solution Below)

Option 2 : Claim damages only
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UGC NET Paper 1: Held on 21st August 2024 Shift 1
50 Qs. 100 Marks 60 Mins

Detailed Solution

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The correct answer is to Claim damages only

Key Points

  • In case of a breach of warranty, the injured party is liable to be compensated. The injured party can refuse to accept the goods as well as claim damages in case of breach of condition. A condition can be treated as a warranty on the wish of the buyer. A warranty cannot be treated as a condition.
  • A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.

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