Incoropartion Of Terms Flashcards
What is the three different terms
Conditions, warranties and innominate terms
What is conditions
Terms which are central to the contract. If these terms are breached then the innocent party has the right to bring the contract to an end
What are warranties
Minor terms. Breach of these terms gives a right to damages but does not bring the contract to an end
What are innominate terms
Not defined as conditions or warranties. If the effects of a breach are serious then they will be treated as conditions. If trivial then they will be treated as warranties. If it has serious effect it will be conditions. If it has minor effect it will conditions
How to classify contractual term
If one of the parties to a contract fail to meet their obligations then there will be breaching one of the three terms