Types of Terms Flashcards
1
Q
What a the different types of terms?
A
- Conditions
- Warranties
- Innominate Terms
2
Q
What is a Condition?
A
So important, that failure to perform would ruin main purpose of contract.
Root of contract.
3
Q
What is an innocent party entitled to for a breached condition?
- Supporting cases?
A
- Damages
- Contract Repudiation - Poussard v Spiers
4
Q
What is a Warranty?
A
Minor Term - not root of contract
5
Q
What is an innocent party entitled to for a breached Warranty?
- Supporting cases?
A
Damages - Bettini v Gye
6
Q
What is an Innominate Term?
- Supporting case?
A
Neither Condition nor warranty
- Courts consider seriousness of breach to determine term status
Hong Kong Fir Shipping v Kawasaki Kisen Kaisha
