types of terms

Question 1

lead actress not attending first few performances

Answer 1

Poussard v Spiers and Pond

it was a condition that she attended the performances as she had a role that was central to the performance

Question 2

singer missed 3/6 rehearsals

Answer 2

Bettini v Gye

warranty

the organiser would have been entitled to damages if they didn’t end the contract, only a warranty not a condition

Question 3

2 years chartered ship, out of service for 18 weeks

Answer 3

Hong Kong Fir Shipping

substantial benefit

if the breach has substantially deprived the innocent party of the whole benefit of the contract, it is a condition

Question 4

landlord or tenant to pay for repairs

Answer 4

Arnold v Britton

intention of the parties

is judged on the basis of what the reasonable person having all the background knowledge would have understood the contract to mean