Conditions, warranties and innominate terms

The importance of the term depends on whether it is a condition, warranty or innominate term.

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  • Created by: Emma
  • Created on: 27-05-09 14:06
What is a condition in relation to contract law?
An important term which goes "to the root of the contract"
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What is the remedy that the injured party is entitled to if a condition is broken?
Repudiation of the contract and damages
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What is a warranty in relation to contract law?
A term which is important but is not fundamental to the contract
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What is the remedy that the injured party is entitled to if a warranty is broken?
Damages but the contract continues
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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"
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Other cards in this set

Card 2

Front

What is the remedy that the injured party is entitled to if a condition is broken?

Back

Repudiation of the contract and damages

Card 3

Front

What is a warranty in relation to contract law?

Back

Preview of the front of card 3

Card 4

Front

What is the remedy that the injured party is entitled to if a warranty is broken?

Back

Preview of the front of card 4

Card 5

Front

How is the status of these terms ultimately decided?

Back

Preview of the front of card 5

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