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Classification of Terms

Kieran Deaville [First Year] Contract Law Undergraduate English

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Classification of Terms

  1. Three categories of contractual term: Warranty, condition & innominate Term

  2. Condition

    • Failure to adhere to the condition will deprive the other party of the main benefit of contract
    • Poussard v Spiers & Pond = Where a condition is breached, claimant may sue for damages & terminate contract
  3. Warranty

    • Minor term of the contract
    • A contract will continue where a breach occurs
    • Bettini v Gye = Where a breach of warranty occurs, can only sue for damages not terminate the contract
  4. Innominate Term

    • Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha = Courts will look at consequence of breach in deciding what remedy available
    • Innominate terms are terms left over that are not a warranty or condition
  5. Test for Conditions & Warranties

    • 1) Intention of Parties = Lombard North Central v Butterworth = If court concludes breach of term couldn't have been intended by parties which gives rise to option of termination then not a condition
    • Schuler v Wickman Machine Tools = Use of term 'condition' not conclusive. Use of word is reflected in parties intentions

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Undergraduate [First Year] Contract Law Mind Map on Classification of Terms, created by Kieran Deaville on 19/12/2017.
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Kieran Deaville
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