Conditions Warranties and Innonimate terms
- Created by: kiwaa
- Created on: 15-04-16 15:40
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- Conditions, warranties and innominate terms
- Innominate terms
- The term is not a condition or warranty. Looks at the breach
- Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962]
- Lack certainty
- Schuler v Wickman Tools [1974]
- Lombard North Central v Butterworth [1987]
- There is a need for certainty in contracts
- The Mihalis Angelos [1970]
- Bunge Corporation v Tradax [1981]
- The term is not a condition or warranty. Looks at the breach
- Condition
- If a condition is breached, the parties can end the contract
- Poussard v Spiers (1876)
- If a condition is breached, the parties can end the contract
- Warranty
- If breached the harmed party can claim damages, but not end the contract
- Bettini v Gye (1876)
- If breached the harmed party can claim damages, but not end the contract
- Innominate terms
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