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

1. What is a condition in relation to contract law?

  • An important term which goes "to the root of the contract"
  • A term which is important but is not fundamental to the contract
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2. What is the remedy that the injured party is entitled to if a condition is broken?

  • Repudiation of the contract and damages
  • Damages but the contract continues

3. What is a warranty in relation to contract law?

  • A term which is important but is not fundamental to the contract
  • An important term which goes "to the root of the contract"

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

  • Damages but the contract continues
  • Repudiation of the contract and damages

5. Which case illustrates a situation where a term of a contract was found to be a condition?

  • Poussard -v- Spiers and Pond
  • Hong Kong Fir Shipping Co Ltd -v- Kawasaki Kisen Kaisha Ltd
  • Bettini -v- Gye
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