terms Flashcards
what are express terms
something that is specifically agreed between two parties
what is an implied term
something that is implied within the contract.
what are the types of term
-condition
-warranty
-an innominate term
what is a condition
term in a contract so important that a failure to perform the obligation would destroy the main purpose of the contract.
If the contract is broken the person suffering is entitled to end the contract.
Poussard v Spiers and Pond- condition
a condition is said to go to the root of a contract - Actress agreed to perform lead role, failed to attend performances, broke the contract by not turning up. condition was repudiated.
What is repudiation
the ending of a contract due to a refusal by one party
what is the rescission-
equitable remedy that is made at the discretion of the court.
what is a warranty
is a minor term of the contract, only damages can be claimed for breach of warranty- no right of the party to repudiate
Bettini v Gye
singer was contracted to perform concerts + six day rehearsal , failed to attend not permitted to continue the contract , breach of warranty
what is an innominate term
term in a contract that is not clearly a condition or warranty , effect of breach may be viewed as a condition or a warranty depending on consequences.
Hong Kong Fir Shipping Co. LTD v Kawasaki Kisen Kaisha LTD
many terms in a contract are not clealy a condition or warranty until breach has occurred. Defendant chartere cargo ship, problem with ships engine , not fully seaworthy , 18 weeks lost for repairs, only breach of warranty
