Classification of Terms Flashcards Preview

Contract Law > Classification of Terms > Flashcards

Flashcards in Classification of Terms Deck (17)
Loading flashcards...
0

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

1

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

2

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

3

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

4

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

5

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

6

Contract of Sale

s2(1) SOGA

7

Goods which have perished

s6 SOGA

8

Ascertainment of price

s8(1)-(3) SOGA

9

When conditions to be treated as a warranty

s11(2)(3) SOGA

10

Implied terms about title, etc

s12 SOGA

11

Sale by description

s13(1) SOGA

12

Implied terms about quality or fitness

s14 especially(2) (6)SOGA

13

Sale by sample

s15(2)(a) (3)

14

Implied term about consideration

s15(1)-(2)

15

Implied terms about skill

s13 SOGSA

16

Implied term about time for performance

s14(1)-(2) SOGSA