types of terms Flashcards
what is a condition?
its important term, if not complied with, then main purpose of contract has been destroyed, contract can be repudiated if a condition isn’t met.
what was held in poussard v spiers and pond?
she had broken her contract as her role was central to performance, contract should be repudiated
what is a warranty?
a minor term, if breached, contract does not come to end, but damages can be claimed
what was held in Bettini v gye?
singer entitled to damages to cover his loss of earnings, the organiser couldn’t repudiate the contract as this was a warranty not a condition.
what is an innominate term?
it is unclear whether this is a condition or a warranty, consequences of breach is decided by court
what was held in Hong Kong fir shipping?
court introduced innominate term approach, rather than seeking to classify the term itself as a condition or warranty, the court should look to the effect of breach and as if breach has substantially deprived the innocent party of the whole benefit of contract
what was held in Arnold v Britton?
court decided this case and future cases would be judged on the basis of what the reasonable person having all the background knowledge would’ve understood contract to mean, tenants were liable for repairs.
