different types of terms

Question 1

whats an express term

Answer 1

a term expressly agreed by parties

Question 2

whats an implied term

Answer 2

a term implied in the contract

Question 3

what are the diffrent types of terms

Answer 3

conditions
warranties
innominate terms

Question 4

if a party fails to fails to meet their obligation what will there be

Answer 4

a breach

Question 5

what are conditions

Answer 5

terms central to a contract

Question 6

what happens if a condition is breached

Answer 6

the innocent party has the right to bring the contract to an end

Question 7

whats a warranty

Answer 7

a minor term of a contract

Question 8

what happens if a warranty is breached

Answer 8

gives right to damages
-not end of a contract

Question 9

what are innominate terms

Answer 9

terms not defined as contions or waranties

Question 10

what will happen if the effects of the breach of an innomanate term are serious

Answer 10

it will be treated as a condition

Question 11

what will happen if the effects of the breach of an innomanate term are not serious

Answer 11

it will be treated a warranty

Question 12

give a case where an innomanate terms was treated as a condition

Answer 12

poussard v spiers and pond

Question 13

give a case where an innomanate terms was treated as a warranty

Answer 13

Bettini v Gye

Question 14

what approach is used for innomanate terms

Answer 14

breach based approach

Question 15

what will happen when the breach bassed approach is used

Answer 15

the term in question will be considered innominate and classified based on how serious the effects are

Question 16

using the breach based appoach when will the term be defined as a condition

Answer 16

if the innocent party was deprived substantially of the whole benifit

Question 17

give a case where the d was not substantialy deprived of the whole benifit- defined as warranty

Answer 17

Hong Kong shipping v kawasaki kisen