incorporation of terms

Question 1

what are the 3 types of terms

Answer 1

conditions, warranties and innominate terms

Question 2

what is a conditions

Answer 2

these 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

Question 3

what are warranties

Answer 3

these are minor terms. breach of these terms gives a right to damages but does not bring the contract to an end

Question 4

what are innominate terms

Answer 4

are not defined as conditions or warranties, if the effects of a breach are serious then they will be treated as conditions. if they are trivial then they will be treated as warranties. if it has serious effect it will be conditions. if it has minor effects it will conditions

Question 5

how do you classify contractual term

Answer 5

if one of the parties to a contract fail to meet their obligation then there will be a breach of contract.