Conditions, Warranties and Innominate Terms

• Under the Consumer Rights Act 2015, what is important to determine when a contract is breached?

  The type of contract breached
• What type of remedy is available for a breach of warranty in a contract?

  Only damages can be claimed
• What is a warranty in the context of contract law?

  A minor term of the contract
• In Hong Kong Fir v Kawasaki [1962], what type of term was the court considering?

  A condition or a warranty
• In Hong Kong Fir v Kawasaki [1962], what was the consequence of the ship's engine problems?

  The ship needed repairs for 18 weeks
• According to the ruling in Hong Kong Fir v Kawasaki, what determines the classification of an innominate term?

  The consequences of breach
• What test is used to determine a breach of an innominate term?

  Deprived of substantially the whole benefit
• In Hong Kong Fir v Kawasaki, why could Kawasaki not repudiate the contract?

  Breach was a warranty, not a condition
• In Amppurius Nu Homes v Telford Homes, what standard is set for a breach to be considered a breach of condition?

  The bar is set high
• According to Grand China Logistics v Spar Shipping, when is a term considered innominate?

  Unless the parties clearly intend otherwise
• According to Schuler v Wickman, what happens if parties label a term as a condition?

  This may not be conclusive
• According to Bunge Corp v Tradax, what terms are considered 'of the essence' in shipping contracts?

  Terms as to time
• What happens when a condition of a contract is breached?

  The contract may be terminated
• What does "repudiated" mean in the context of contract law?

  Rejected or refused to honor