6. Which case illustrates a situation where a term of a contract was found to be a warranty?
Bettini -v- Gye
Hong Kong Fir Shipping Co Ltd -v- Kawasaki Kisen Kaisha Ltd
Poussard -v- Spiers and Pond
7. Parties to a contract are not able to state expressly in the contract which terms they consider to be of fundamental importance as this is always for the court to decide
False
True
8. Terms which do not clearly fit into one category or the other are known as innominate or intermediate terms
True
False
9. How is the status of these terms ultimately decided?
The courts decide whether the breach of the term which has occurred "goes to the root of the contract"
By the parties negotiating and agreeing the status mutually
It is not, they remain as innominate or intermediate terms
10. Which case illustrates a situation where there has been an innominate or intermediate term?
Poussard -v- Spiers and Pond
Hong Kong Fir Shipping Co Ltd -v- Kawasaki Kisen Kaisha Ltd
Bettini -v- Gye
11. The courts adopt a "wait and see" approach, and classify a term after it has been broken by looking at the severity of the consequences of the breach for the injured party
