Classification

Question 1

Poussard v Spiers and Pond

Answer 1

If breaching a term would defeat the purpose of the contract, this will be a condition

Question 2

Bettini v Gye

Answer 2

If breaching the term would not defeat the purpose of the contract, this will only be a warranty

Question 3

Schuler v Wickman Tools Machine

Answer 3

Even if the parties specify something as a condition, it is unlikely to be a condition if this is unreasonable

Question 4

Hong Kong Fir Shipping

Answer 4

Broad (innominate) terms can lead to repudiation if the breach deprives of substantially the whole benefit of the contract

Question 5

Bunge Corporation

Answer 5

Readiness to load clauses are terms that a boat would arrive and be ready to voyage on a certain date

Question 6

Cehave v Bremer

Answer 6

The courts can find an innominate term and treat it as a warranty if one party is trying to exploit a condition