Terms- types of contractural terms Flashcards
What are the 3 types of contractural terms
- condition
- warranty
- innominate terms
What is a condition
Term central to contract, if not performed would destroy purpose of contract
What happens if a condition is breached
Party can repudiate contract and make claim for damages
What case is used for conditions
Poussard v Spiers and pond
What is a warranty
A minor contractural term, main purpose of contract still achievable if not performed
What happens if a warranty is breached
Suffering party not have right to end contract, damages can be claimed
What case is used for warranty
Bettini v Gye
What is an innominate term
A term that cant be clearly identified as condition/warranty, its indeterminate by looking at the term
What do the courts do when looking at an innominate term to decide if its a condition or warranty
Look at the affect of the breach
What case is used for innominate terms
Hong Kong fir shipping v kawashi
What are expressed terms
Term that’s been clearly stipulated by parties, verbally/written
What are implied terms
Terms not specifically discussed but are presumed by common law/statute
