Classification of terms cases

Cards (5)

  • Bettini v Gye (1876) 1 QBD 183

    The producers of the opera considered the absence to be of the utmost importance to the performance of the contract and sought to repudiate the entire contract by arguing that the singer had breached a condition of the contract.
    The court held that this term was not a condition, as it was not fundamental to the contract.
    The court held that this was a breach of warranty, and so the employer was not permitted to repudiate the contract, but could sue for damages.
  • Poussard v Spiers (1876) 1QBD 410
    •The Court held that the singer was in breach of a condition of the contract. The most important night was the opening night (due to critics, etc.), and it had been missed. ••This term that was breached was central to the purpose of the contract.
  • De Hahn v Hartley 1 Term Rep. 343

    •Contract of insurance included a warranty term stating that the vessel was insured when sailing from Liverpool with “fifty hands or upwards”
    •Court held that insurance contract could be terminated by the insurer for breach of a warranty clause, removing any requirement on them to pay out on the claim
  • Schuler v Wickham Machine Tools [1974] AC 235
    •Use of the word “condition” is an indication—even a strong indication—of such an intention but it is by no means conclusive.”– Lord Reid, Schuler
  • Hong Kong Fir Shipping Co Ltd v Kawasaki [1962] 2 QB 26
    •Ship was chartered to defendants for 2-year period.
    •Term of the contract that the ship would be ‘seaworthy’ throughout the period of hire.
    •Problems with the engine, and the ship was out of service for a total of 20 weeks.
    •Defendants stated this was a breach of condition and terminated the contract.
    •Claimants brought an action for wrongful repudiation, and held that the term relating to ‘seaworthiness’ was not a condition.