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Paper 3
Contract Terms
Conditions, warranties and inanomite terms
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Created by
Jess T
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Cards (5)
Pousard v Spears
Conditions are vital to the functioning to the contract and theirtheir breach lead to a fundamental breach, can repudiate
Bettini
v
Gye
Warranties
are
minor
terms in the contract, less
vital
to its
function
and their
breach
lead to a
non-fundamental
breachbreach. Can receive
damages
HongKong Fir Shipping
Inanomite
terms: ' hashas the
wronged
party been substantially
deprived
? '
Aerial advertising
Inanomite
terms: the wrong party has been
substantially
deprived making the statement a
condition
Schuler v Wickman
Inanomite
terms: the wronged party has not been
substantially
deprived, the statement is a
warranty