15.5 Conditions and Warranties

The hierarchy: a condition is the term going to the contract's root (breach → repudiate and reject + damages); a warranty is collateral (breach → damages only). The buyer may elect to treat a condition's breach as a warranty's (waiver or acceptance converts). The implied conditions (the five to list): The seller's title (the implied condition of right to sell); Correspondence with description (sale by description); Correspondence with sample (and sample-and-description — the stricter compound); Fitness for the buyer's purpose — where the seller knows the purpose and the buyer relies on the seller's skill and judgment; Merchantable/acceptable quality — the trade's standard for goods of the description.