Types Of Contractual Terms

Question 1

What is a condition in contract law?

Answer 1

A fundamental term that goes to the root of the contract.; breach allows termination and damages.

Question 2

What case showed a breach of condition?

Answer 2

Poussard v Spiers (actress missing key performances

Question 3

What is a warranty in contract law?

Answer 3

A minor term , not central to performance; breach allows only damages, not termination.

Question 4

What case showed a breach of warranty

Answer 4

Bettini v Gye (singer missing rehearsals).

Question 5

What is an innominate term?

Answer 5

A term that could be a condition or warranty depending on the breach.

Court looks at effect of the breach.

Question 6

What case established innominate terms?

Answer 6

Hong Kong Fir Shipping (engine failure did not allow termination).
Delay was serious but not enough to
frustrate the whole purpose.not a condition

Test:
If the breach deprives the innocent party of substantially the whole benefit, it’s treated
like a condition → termination allowed

Question 7

How can conditions and warranties be defined?

Answer 7

By statute
By the parties
By the courts

Question 8

What statute defines certain terms as conditions?

Answer 8

The Consumer Rights Act 2015

Question 9

What case showed that parties can specify a term as a condition?

Answer 9

Lombard v Butterworth (timely payment was
“of the essence”).

Question 10

What case showed the court classification of a term?

Answer 10

Poussard v Spiers – Term was not labelled, but the court decided it was a condition because it was central to the contract.

Schuler v Wickham (impractical visit requirements classified as a warranty).