Breach. Flashcards

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1
Q

What does repudiation mean?

A

The contract becomes terminated.

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2
Q

What is a condition?

A

Fundamental part of the contract.

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3
Q

What is a warranty?

A

Minor terms which are collateral to the main agreement.

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4
Q

What is the difference between breaching a condition and a warranty?

A

Breach of a condition ends the contract. Breach of a warranty does not, the contract still stands.

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5
Q

What is the case demonstrating breach of condition?

A

Poussard v Spiers and Pond.

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6
Q

What is the case demonstrating breach of warranty?

A

Bettini v Gye.

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7
Q

What are innominate terms?

A

Could be a condition or a warranty depending o how it has been breached.

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8
Q

What 4 situations means a term is innominate?

A
  1. If statute treats it as a condition.
  2. Precedent.
  3. Contract expressly or impliedly says its a condition.
  4. It seems clear from nature and the parties.
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