classification

• what are the three types of term?


  1) condition

  2) a warranty

  3) an innominate term
• what is a condition

  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:

  1. the importance of the representation ( Couchman v Hill)
  2. special knowledge or skill of the person making the statement ( Oscar Chess v Williams)
  3. time lag between statement and contract (Routledge v McKay )
  4. 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)