classification of terms Flashcards
(8 cards)
1
Q
what are the 3 classifications?
A
- conditions
- warranties
- innominate terms
2
Q
explain conditions?
A
- failure to preform defies whole root of contract and would make the contract meaningless
- claimant is entitled to damage and/or repudiation
- any term implied by statue is a condition
3
Q
case for any term implied by statue is a condition?
A
Poussard v Spiers
4
Q
explain warranties?
A
- secondary to main purpose of contact
- contract can continue if breached
5
Q
case for contract can continue if breached?
A
Bettini v Gye
6
Q
explain innominate terms?
A
- terms are ambiguous the court looks at whole case to determine if condition or warranty
- looks at circumstances at the time of breach and consequences of breach
- have the parties labelled the term outright?
7
Q
case for looks at circumstances at the time of breach and consequences of breach?
A
Hong Kong Fir Shipping v Kawasaki
8
Q
case for have the parties labelled the term outright?
A
Schueler v Wickerman
