Express terms

Question 1

What is an express term?

Answer 1

Those agreed between between the parties themselves

Question 2

Condition

Answer 2

A term in a contract so important - without this element, the contract will fail

If condition is broken, the person suffering the failure is entitled to end the contract (repudiation)

Question 3

Condition - Poussard v Spires

Answer 3

Poussard was in breach of condition as she agreed to play the lead role but failed to turn up to the first few performances, therefore Spires was entitled to end the contract

Question 4

Warranty

Answer 4

A minor term in a contract, only damages can be claimed for under breach of warranty

contract is not ended, main purpose of contract can still be performed despite the breach

Question 5

Case for warranty

Answer 5

Bettini v Gye - B was in breach of warranty and therefore the employer was not entitled to end the contract - missing rehearsals did not go to the root of the contract

Question 6

Meaning of an innominate term

Answer 6

• Term of a contract that is not clearly a condition or warranty
• The proper remedy is only discovered after the consequences of the breach have been identified

Question 7

Case for innominate term

Answer 7

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha

The defendants were liable for wrongful repudiation. The court used the innominate term approach, assessing the breach’s impact rather than labelling it as a condition or warranty, to determine if it substantially deprived the innocent party of the contract’s whole benefit