When it comes to contracts, the terms “condition” and “warranty” are often used interchangeably. However, they have distinct meanings and implications for both the parties involved in the contract. Let`s take a closer look at the difference between these two terms.
A condition is a term of a contract that is essential to the agreement. If a condition is not met, the contract can be terminated. Conditions are so fundamental that they go to the root of the agreement. For example, in a contract to buy a new car, a condition might be that the car is roadworthy and capable of passing an MOT test. If the car fails the test, the buyer could refuse to take delivery of the car and claim a refund.
A warranty, on the other hand, is a term of a contract that is less essential than a condition. A warranty is a promise by one party to the other that a certain statement of fact is true. If that promise is breached, the party who made the promise is liable for damages, but the contract is not automatically terminated. For example, in the car purchase contract, a warranty might be that the car has been fully serviced and maintained according to the manufacturer`s specifications. If the car breaks down due to a mechanical fault, the buyer could claim compensation for the repairs, but they would not be able to terminate the contract and claim a refund.
The difference between conditions and warranties is important because it affects the legal remedies available to the parties. Breach of a condition entitles the innocent party to terminate the contract and claim damages for any loss suffered as a result of the breach. Breach of a warranty, on the other hand, entitles the innocent party to claim damages but does not give them the right to terminate the contract.
In conclusion, the difference between a condition and a warranty in a contract is that a condition is an essential term of the agreement, the breach of which allows the contract to be terminated, while a warranty is a less essential term that gives rise to a claim for damages but doesn`t entitle the innocent party to terminate the contract. When negotiating or reviewing a contract, it is important to understand the distinction between these two terms to avoid misunderstandings and potential legal disputes.