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7505660
Classfication of terms
Description
Multiple choice quiz on classification of terms
No tags specified
level 3
Quiz by
Ria Hill
, updated more than 1 year ago
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Created by
Ria Hill
over 7 years ago
47
2
0
Resource summary
Question 1
Question
What is a warranty?
Answer
A major term which goes to the heart of the contract
A minor term of the contract
Question 2
Question
What is the available remedy for the innocent party for breach of warranty?
Answer
Termination of the contract only
Damages only
Termination and damages
Question 3
Question
In Bettini v Gye, what type of term was breached?
Answer
Condition
Warranty
Innominate term
Question 4
Question
What is a condition?
Answer
A major term which goes to the heart of the contract
A minor term of the contract
Question 5
Question
Why is it important to make the distinction between conditions and warranties?
Answer
To ensure the right remedy is awarded to the innocent party
To make it easier to get out of an inconvenient contract
It isn't important
Question 6
Question
In Behn v Burness, what type of term was breached?
Answer
Condition
Warranty
Innominate term
Question 7
Question
What is the available remedy for the innocent party for breach of condition?
Answer
Termination of contract only
Damages only
Termination of contract and damages
Question 8
Question
Which case established the innominate term approach?
Answer
Poussard v Spiers
The Mihalis Angelos
Hong Kong Fir Shipping v Kawasaki
Question 9
Question
What is the innominate term approach?
Answer
Where the courts allow parties to repudiate contracts that are inconvenient
Where the courts look at the result of the breach before making a decision about remedies
Where the courts award no remedies
Question 10
Question
This approach has been criticised for creating increased litigation and uncertainty
Answer
True
False
Question 11
Question
In Schuler v Wickman Tools, how did the courts classify the term of the contract regarding salesman visits?
Answer
Condition
Warranty
Innominate
Question 12
Question
What did the court state in Bunge Corporation v Tradax regarding the innominate term approach?
Answer
All terms should be classified as innominate
The approach should only be used where it is impossible to classify
The approach should never be used again
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