Types of term

Cards (6)

  • What is a condition?
    A term so important that a failure to perform it would destroy the purpose of the contract.
    • contract can be repudiated
  • Condition case
    Poussard v Spiers and Pond (actress who didnt turn up for performance)
  • What is a warranty?
    A minor term, can only claim damages
  • Warranty case
    Bettini v Gye (singer who didnt turn up for rehearsals)
  • What is an innominate term?
    Where is not clear whether a term is a condition or warranty.
    • which one it is classed as depends on the consequences
  • Innominate terms case
    Hong Kong Fir Shipping v Kawasaki Kisen Kaisha