Types of terms

Question 1

define obligation s of both parties

Answer 1

what the parties have agreed between themselves

Question 2

What is a condition?

Answer 2

Contract can be ended if a condition isnt met

Poussard V Spiers and pond- Broken her contract as her role was central to the performance mesning the contract can be repudiated (ended?

Question 3

What is the case under warranty?

Answer 3

if a warranty is breached it does not come to an end but damages can be claimed

Bettini V Gye- organiser could not repudiate the contract as the warranty was not a condition

Question 4

What is substantial benefit?

Answer 4

If breach denies you of a substantial benefit then it is a condition

Hong Kong For shipping co ltd V kowask kisen kaisha ltd- if the breach has deprived thr innocent party of the benefit of the contract

Question 5

What is the intention of the parties?

Answer 5

If there is an error the judge can make a decision based on whst is just rather than unjust ruling
Arnold V Britton- court decided future cases would be judged on the basis of what the reasonable person having background knowledge would hsve understood