classification of terms

Question 1

3 categories

Answer 1

conditions
warranty
innominate terms
-> distinction between the 3 types relates to their relative importance and the consequent action that can be taken in the event of their breach

Question 2

condition

Answer 2

conditions are the most important terms of a contract; breach of a condition means something essential to the contract has failed and therefore could not continue
-> a breach of a condition allows the claimant to access the full range of contractual remedies under the contract; once discharged they’re free from the contract

Question 3

warranty

Answer 3

a contractual terms of lesser importance than a condition
-> contract may be able to continue after such breach
-> remedies are limited to damage only

Question 4

innominate term

Answer 4

the courts look at the effects of the breach on the injured party to determine whether the breach itself was of a condition/warranty
-> IT are those who classification is determined only once the effects of it breach are known
-» gives court flexibility in determining appropriate remedy that is fair to both parties