According to Section $12(1)($a$)$ of the Sale of Goods Act, a condition is to be treated as warranty when,

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$$ a a contract of sale is subject to any condition to be futfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.

b $.$ The property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated

O c$.$ Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof or where the contract is for specific goods, unless there be a term of the contract, express or implied, to that effect.

d $.$ Whether a stipulation in a contract of sale si a condition, the breach of which may give rise ot a right to treat the contract a s repudiated, or a warranty, depends ineach case on hte construction of the contract

ESS LAW I

QUESTION $9$

According to Section $12(1)($a$)$ of the Sale of Goods Act, a condition is to be treated as warranty when,

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a

a contract of sale is subject to any condition to be futfiled by the seller, the twyer may waive the conditi