types of express term

Question 1

express term

Answer 1

is a term actually agreed between the parties (spoken or written)

Question 2

condition

Answer 2

term in a contract that is central to the contract (very important term)
Breach of this term does not end the contract but allows a claim for damages only

Question 3

If a condition is breached by the D, the C can…

Answer 3

repudiate the contract (treat it as if it never existed) and claim ‘damages’

Question 4

Poussard v Spiers

Answer 4

Poussard was an opera singer who had contracted with the theatre to perform the lead role. Failed to attend the first few performances.
Broken her contract by not turning up for the performance. As the lead, her presence was central so therefore was a condition so contract could be repudiated.

Question 5

warranty

Answer 5

a minor term in a contract (less important term)
Breach of this term does not end the contract but allows a claim for damages only.

Question 6

if a warranty is breached by the D, the C can…

Answer 6

ONLY claim ‘damages’

Question 7

Bettini v Gye

Answer 7

opera singer contracted to perform in a series of concerts and 6 days of rehearsals. Failed to attend the first 3 days of rehearsals so was replaced. Breach of warranty - couldn’t end his contract

Question 8

Arcos v Ronaasen

Answer 8

Contract for sales of timber wood specifying it needed to be half an inch thick. A large proportion were over half an inch and buyer rejected them as they didn’t conform to the contract. As they remained fit for purposes of making cement barrels, the buyer couldn’t reject them

Question 9

innonimate term

Answer 9

'’not named or classified’’
a term in a contract that is not defined as a condition or a warranty

Question 10

Hong Kong Fir Shipping

Answer 10

Ds hired the ship for 2 years, the ship should be ‘in every way fitted for ordinary cargo service’. Court treated this as a innominate term. 18 weekend were lost while ship was repaired but 86 weeks still remained - still benefitted.
Treated as a breach of warranty so only damages could be awarded

Question 11

Schuler v Wickman

Answer 11

Contract included a term which stated Wickman must send salesman to every carmaker off a specific list every week. They didn’t manage this.
He didn’t make any visits to start off with and dissatisfied that not all visits were made - terminated the contract saying a breach of a condition
Held that it was a warranty not a condition.
Simply calling a term a condition didn’t necessarily make it one