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Classfication of terms

Description

Multiple choice quiz on classification of terms
Ria Hill
Quiz by Ria Hill, updated more than 1 year ago
Ria Hill
Created by Ria Hill about 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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