Terms(1) - conditions, warranties & innominate

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  • Created by: TashaChlo
  • Created on: 06-12-14 22:07

Terms

the contents of a contract

terms represent what the parties agree to do or give under it, the obligations that they owe

may be express or implied

Express terms

expressed, spoken or written as being part of a contract

implied terms

terms implied by statue – SGA1979 & SGSA1982,

by custom and by the courts

a term may be excluded if it is not incorporated or it may be prohibited by UCTA1977 or the regs1999

Once it is decided there is a particular term in a contract (whether is it expressly agreed or implied) it is necessary to evaluate which of the three types of term it is

Conditions

A condition is a term that is fundamental to the contract i.e. a breach of a condition deprives a party of a main benefit. When a condition is breached it gives the victim the right to repudiate the contract and/or sue for damages

Poussard

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