classification of terms evlauatino

• concept of dividing contract terms strictly into conditions can be seen unfair especially as parties may not realise a term is a condition and end the contract and claim compensation (Hong kong fir shipping case)
• strict classification of terms into conditions and warranties applied by the courts led to unfair results (Arcos v Ronaasen)
• parties may not realise at the time of making the contract what the effect of a breach of a particular term would be
• court can decide not to follow the classification of terms actaully used by the parties which can be seen as unfair or uncertain (Schuler v Wickman)