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Start Free TrialMarine Insurance Act, 1963 Section 35
Title: Nature of Warranty
State: Central
Year: 1963
(1) A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts. (2) A warranty may be express or implied. (3) A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy the insurer is discharged from liability as from the date of the breach of warranty but without prejudice to any liability incurred by him before that date.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 59
Title: Remedy for Breach of Warranty
State: Central
Year: 1930
(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may-- (a) set up against the seller the breach of warranty in diminution or extinction of the price; or (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 36
Title: When Breach of Warranty Excused
State: Central
Year: 1963
(1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. (2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with before loss, (3) A breach of warranty may be waived by the insurer.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 37
Title: Express Warranties
State: Central
Year: 1963
(1) An express warranty may be in any form of words from Which the intention to warrant is to be inferred. (2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. (3) An express warranty does not exclude implied warranty, unless it be inconsistent therewith.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 41
Title: Warranty of Seaworthiness of Ship
State: Central
Year: 1963
(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. (4) A ship deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 12
Title: Condition and Warranty
State: Central
Year: 1930
(1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) 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. (4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 13
Title: When Condition to Be Treated as Warranty
State: Central
Year: 1930
( 1 ) Where a contract of sale is sub ject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. ( 2 ) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof,1[***] 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, unless there is a term of the contract, express or implied, to that effect. ( 3 ) Nothing in this section sh all affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or other wise. ______________________ 1 . The words "or where the contract is for specific goods the property in which has passed to the buyer" omitted by Act 33 of 1963 , sec. 3 (w .e.f . 22 - 9 - 1963 ).
View Complete Act List Judgments citing this sectionPrevention of Food Adulteration Act,1954 Section 14
Title: Manufacturers, Distributors and Dealers to Give Warranty
State: Central
Year: 1954
1 [14.Manufacturers, distributors and dealers to give warranty No2 [manufacturer or distributor of, or dealer in, any article of food shall sellsuch article to any vendor unless he also gives a warranty in writing in theprescribed form about the nature and quality of such article to the vendor: 3 [Provided that a bill, cash memorandumor invoice in respect of the sale of any article of food given by amanufacturer or distributor of, or dealer in, such article to the vendorthereof shall be deemed to be a warranty given by suchmanufacturer, distributor or dealer under this section.] Explanation: Inthis section, in sub-section (2) of section 19 and insection 20A, the expression "distributor" shallinclude a commission agent. ____________________ 1.Substituted by Act 49 of 1964, sec. 7, for section 14 (w.e.f.1-3-1965). 2.Substituted by Act 34 of 1976, sec. 11, for certain words (w.e.f.1-4-1976). 3.Inserted by Act 34 of 1976, sec. 11 (w.e.f. 1-4-1976).
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Chapter III
Title: Warranties and Conditions, Limitation on Hire-purchase Charges and Passing of Property
State: Central
Year: 1972
.....was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement. Section 7 - Limitation on hire-purchase charges (1) In this section, -- (a) "cash price instalment", in relation to a hire-purchase instalment, means an amount which bears to the net cash price the same proportion as the amount of the hire-purchase instalment bears to the total amount of hire-purchase price; (b) "deposit'" means any sum payable by the hirer under the hire-purchase agreement by way of deposit or other initial payment or credited or to be credited to him under the agreement on account of any such deposit or payment. whether that sum is to be or has been discharged by payment of money or by transfer or delivery of goods or by any other means; (c) "net cash price", in relation to goods comprised in a hire-purchase agreement, means the cash price of such goods as required to be specified in the hire-purchase agreement under clause (b) of sub-section (1) of section 4, less any deposit as defined in clause.....
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 6
Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements
State: Central
Year: 1972
.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.
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