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classification of terms Flashcards

(5 cards)

1
Q

3 categories

A

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

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2
Q

condition

A

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

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3
Q

warranty

A

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

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4
Q

innominate term

A

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

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5
Q
A
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