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]
    • Condition
      • If a condition is breached, the parties can end the contract
        • Poussard v Spiers (1876)
    • Warranty
      • If breached the harmed party can claim damages, but not end the contract
        • Bettini v Gye (1876)


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