TRUE OR FALSE: Warranty against hidden defect is an accidental element of a contract of sale.
Understand the Problem
The question seeks to determine if a warranty against hidden defects is an accidental element in a contract of sale. We must understand the definition of 'accidental element' in contract law and then assess whether a warranty against hidden defects fits that definition.
Answer
False. Warranty against hidden defect is a natural element of a contract of sale.
The statement "Warranty against hidden defect is an accidental element of a contract of sale" is false. It is typically considered a natural element.
Answer for screen readers
The statement "Warranty against hidden defect is an accidental element of a contract of sale" is false. It is typically considered a natural element.
More Information
Elements of a contract of sale are essential, natural, and accidental. Essential elements are those without which the contract would not exist (e.g., consent, object, and price). Natural elements are those which are presumed to exist in the contract unless otherwise stipulated (e.g., warranty against hidden defects). Accidental elements are those which are added by the parties and may vary from contract to contract (e.g., specific warranties, conditions, or terms of payment).
Tips
It is important to understand the difference between essential, natural, and accidental elements of a contract to correctly classify different terms and conditions.
Sources
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