ABSTRACT
Section 33(3) states that, ‘A warranty … is a condition which must be exactly complied with’. Though called a warranty, it is in fact, as defined by the said section, a ‘condition’ of a promissory nature. Thus, ‘promissory condition’ would be a more suitable name for it. The word ‘condition’ is not defined in the Act. It is, however, capable of two meanings: it could be used in the lay or nontechnical sense to mean a provision, a requirement or simply a term of the contract27 which in this case must be exactly complied with; or it could be interpreted in a strict and purely legal sense, as understood in the general law of contract, as a particular type of contractual term, a condition as opposed to a warranty or innominate term.
