There are three types of terms ...
Conditions - these are terms which are fundemental to a contract. If a condition is breached the victim may repudiate the contract and or sue for damages. (Poussard v Spiers)
Warranties - these are minor terms of a contract, if a waranty is breached the victim may only sue for damages. The contract does not come to an end, the victim is still under an obligation to continue with the contract. (Bettini v Gye)
Innominate - The court will look at the consequence os the breah to decide if it is a condition or a warranty. It is the seriousness of the breach of terms not the importance of the terms that determines whether the breach justifies termination.
Comments
No comments have yet been made