Classification of Terms Flashcards
Poussard v Spiers
Bettini v Gye
P - condition - the obligation to sing on the first night was essential for the opera singer
B - warranty - the obligation to attend rehearsals was of a lesser importance
Schuler AG v Wickman Machine Tool Sales
Parties can classify a term at the outset but this does not mean that the courts will necessarily agree with it
Hong Kong Fir Shipping Co
Innominate term - Neither a condition nor a warranty, for breach of which the best remedy could be applied by looking at the breach itself - it is a middle ground and when looking at the breach’s seriousness is pushed towards different kinds of remedy
The Mihalis Angelos
Condition - in this context certainty was paramount Megaw LJ
NB that in modern circumstances the courts are less willing to approach terms through the condition/warranty dichotomy - although here and Bunge Corp they did
The Hansa Nord
Approving Honk Kong Fir - Denning MR – even under the SOGA it was wrong to assume the condition/warranty dichotomy - innominate term was more suitable here
Bunge Corporation v Tradax Export SA
The term as to notice was a condition per the context - the HL emphasised that Hong Kong wanted to make flexible the dichotomy between warranties/conditions but the innominate terms were not intended to be get-out clauses for drafters - here, there was only one kind of breach: lateness - this was essential to the functioning
Contract of Sale
s2(1) SOGA
Goods which have perished
s6 SOGA
Ascertainment of price
s8(1)-(3) SOGA
When conditions to be treated as a warranty
s11(2)(3) SOGA
Implied terms about title, etc
s12 SOGA
Sale by description
s13(1) SOGA
Implied terms about quality or fitness
s14 especially(2) (6)SOGA
Sale by sample
s15(2)(a) (3)
Implied term about consideration
s15(1)-(2)
