Contract Terms: General (AQA A-Level Law): Flashcards
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Condition (contract term)
Condition (contract term)
Fundamental term going to the root of the contract
Remedies for breach of condition
Remedies for breach of condition
Reject contract + claim damages
Warranty (contract term)
Warranty (contract term)
Ancillary term, not fundamental to contract's core purpose
Remedies for breach of warranty
Remedies for breach of warranty
Damages only, cannot reject contract
Innominate term
Innominate term
Term classified by consequences of breach when it occurs
Innominate term assessment basis
Innominate term assessment basis
Seriousness of breach & level of injury/deprivation caused
Poussard v Spiers & Pond (1876) holding
Poussard v Spiers & Pond (1876) holding
Singer's absence from opening = condition breach, termination OK
Alternative name for innominate term
Alternative name for innominate term
Intermediate term
Descriptors for warranty terms
Descriptors for warranty terms
Ancillary, subsidiary, or incidental
Why classify contract terms?
Why classify contract terms?
Determines remedies available when breach occurs