Terms- types of contractural terms Flashcards

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1
Q

What are the 3 types of contractural terms

A
  • condition
  • warranty
  • innominate terms
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2
Q

What is a condition

A

Term central to contract, if not performed would destroy purpose of contract

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3
Q

What happens if a condition is breached

A

Party can repudiate contract and make claim for damages

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4
Q

What case is used for conditions

A

Poussard v Spiers and pond

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5
Q

What is a warranty

A

A minor contractural term, main purpose of contract still achievable if not performed

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6
Q

What happens if a warranty is breached

A

Suffering party not have right to end contract, damages can be claimed

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7
Q

What case is used for warranty

A

Bettini v Gye

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8
Q

What is an innominate term

A

A term that cant be clearly identified as condition/warranty, its indeterminate by looking at the term

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9
Q

What do the courts do when looking at an innominate term to decide if its a condition or warranty

A

Look at the affect of the breach

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10
Q

What case is used for innominate terms

A

Hong Kong fir shipping v kawashi

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11
Q

What are expressed terms

A

Term that’s been clearly stipulated by parties, verbally/written

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12
Q

What are implied terms

A

Terms not specifically discussed but are presumed by common law/statute

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