a term central to the contract, which if breached will result in repudiation
poussard v spiers:
condition will result in repudiation
what is a warranty?
a minor term which if breached results in damages
Bettini v Gye:
a warranty is a minor term which still allows the main purpose of the contract can still be performed
what is an inominate term?
a term which is not stated to be a condition or warranty, judge will equate term to be a warranty or condition dependent on circumstances of the breach
Hong Kong Fir v Kawasaki Kisen Kaisha:
innominate terms must be catagorised
is the statement a representation or a term?
4 factors are taken into account to determine whether the representation is a term:
the importance of the representation ( Couchman v Hill)
special knowledge or skill of the person making the statement ( Oscar Chess v Williams)
time lag between statement and contract (Routledge v McKay )
whether there is a written contract
what statutes imply terms? and under what contracts?
Sales of Goods Act 1979 (business-business contracts)
Sales of Goods and Services Act 1982 (business-business contracts)
Consumer Rights Act 2015 (business-consumer contracts)
