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Zorluk: Çok zorSale of Goods Act: Provisions, Terms, Conditions, and Warranties

Where a contract of sale of goods is not severable and the buyer has accepted the goods or part thereof, a breach of any implied condition by the seller can only be treated as a breach of warranty, restricting the buyer to claiming damages rather than repudiating the contract, unless an express or implied contractual term permits rejection after acceptance.

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Cevap

True
The statement accurately reflects the statutory rule under the Sale of Goods Act regarding indivisible contracts. Once acceptance takes place, the buyer loses the right to reject the goods for breach of condition, and the legal remedy is restricted exclusively to claiming damages as if it were a breach of warranty.

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1
Identify the core legal distinction between a condition and a warranty under the Sale of Goods Act.
A breach of condition fundamental to the contract generally grants the right to repudiate and claim damages, whereas a breach of warranty grants only the right to claim damages.
Establishing default legal remedies depends on the classification of the contract term.
2
Examine the statutory effect of acceptance on an indivisible (non-severable) contract.
Under Section 11 of the Sale of Goods Act, acceptance of the goods (or part thereof) in an entire contract legally converts the breach of condition into a breach of warranty.
Acceptance bars the buyer from taking the drastic remedy of repudiating the contract after taking control or ownership of non-severable goods.
3
Evaluate the accuracy of the statement based on commercial law provisions.
The statement correctly describes the statutory conversion of remedies upon acceptance.
The buyer can no longer return the goods unless an express or implied agreement specifically grants a right of rejection post-acceptance.

Anahtar Kavram

Conversion of breach of condition to breach of warranty upon acceptance of goods
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Konular

Sale of Goods Act: Provisions, Terms, Conditions, and Warranties

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