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Classification of Terms

louiseebarlow Contract Law Undergraduate English

Mind map on classification of terms: conditions, warranties and innominate terms

Mind map: classification of terms

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Classification of Terms

  1. CONDITIONS

    • terms that go to the root of the contract
    • innocent party may repudiate and claim damages
      • Poussard v Spiers & Pond
  2. WARRANTIES

    • less important terms
    • innocent party may claim for damages only and contract must continue
  3. INNOMINATE TERMS

    • cannot be classified at time of formation of contract
    • effect of breach depends on how serious effects of breach are
      • Hong Kong Fir Shipping v Kawaksaki

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Classification of different provisions in contracts
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louiseebarlow
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