Types of Term: Conditions, Warranties and the Innominate Term (OCR A-Level Law): Flashcards
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Definition of a condition in contract law
Definition of a condition in contract law
A term that goes to the root of the contract
Remedies for breach of condition
Remedies for breach of condition
Reject contract AND claim damages
Poussard v Spiers (1876) - what was the condition?
Poussard v Spiers (1876) - what was the condition?
Opera singer appearing for opening night
Definition of a warranty
Definition of a warranty
Secondary/ancillary term, not fundamental to contract
Remedy for breach of warranty
Remedy for breach of warranty
Damages only - cannot reject contract
Innominate term definition
Innominate term definition
Term classified as condition/warranty based on breach effects
How courts classify innominate terms
How courts classify innominate terms
By examining seriousness of breach consequences
Grand China Logistics v Spar Shipping (2016) principle
Grand China Logistics v Spar Shipping (2016) principle
Courts assess innominate terms by actual impact of breach
Integral term vs incidental term classification
Integral term vs incidental term classification
Integral = condition; Incidental = warranty
Three types of contractual terms
Three types of contractual terms
Conditions, warranties, and innominate terms