Terms Express And Implied Flashcards
1
Q
Condition
A
Central to contract - can allow contract to be repudiated
2
Q
Poussard v spiers and pond
A
Lead actress failed to attend
Condition in contract so could be repudiated
3
Q
Warranty
A
Minor term - only damages can be claimed
4
Q
Bettini v gye
A
Singer didn’t show up to rehearsal
Breach of warranty - awarded damages for loss of earnings
5
Q
Innominate term
A
Not clear condition or warranty
6
Q
Hong Kong for shipping co. Ltd v Kawasaki
A
- ship not suited for ordinary cargo service
- introduced innominate terms - category between warranty and conditions
7
Q
A
7
Q
couchman v hill
A
catalogue said heifer unserved - was pregnant
taken as contract term rather than representation
8
Q
A
