Classification of Terms
Folien in diesem Satz (3)
-
- Major term of the contract which goes to the root of the contract
- If breach will result in termination of the contract
- Innocent party will be able to sue for damages
- Poussard v Spiers, opera singer missing the opening night of the performance was held to be a breach of condition
-
- Minor term of the contract, does not go to the root of the contract
- A breach of warranty will not result in termination of the contract
- Innocent party can sue for damages
- Bettini v Gye, opera singer missing rehearsals was not serious enough to constitute a breach of condition, innocent party could only sue for damages
-
- An approach used by the courts where classification of a term as a condition or a warranty is impossible
- Introduced in Hong Kong Fir Shipping v Kawasaki
- There has been
- concern that the use of innominate terms has created too much litigation as per Bunge Corporation v Tradax
- There is
- evidence to suggest that the use of innominate terms can also create
- uncertainty, illustrated in The Mihalilis Angelos where the court held ready to load clause must always be conditions for commercial certainty in maritime contracts
- However, in The Hansa Nord, the courts were able to use this approach prevent the claimant exploiting the defendant, so it will allow judicial flexibility
Informationen
- Beschreibung
- Definitions and case law for the classification of terms topic
- Erstellt von
- Ria Hill · Mär 2017
- Aktualisiert
- 22 Mär 2017
- Aufrufe
- 67
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