types of terms

Question 1

conditions

Answer 1

• most important part of the contract
• central to the contract
• failure to perform renders the contract meaningless
• can sue for damages
• poussard v spires and pond

Question 2

warranties

Answer 2

• less important terms
• do not go to the heart of the contract
• contract can continue if warranties are breached
• bettini v gye

Question 3

innominate terms

Answer 3

• don’t find into either conditions or warranties
• court will look at the consequence of the actual breach (hong kong fir shipping v kawasaki kisen keisha)
• serious consequence = condition