Warranty, Condition and Innominate Terms

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These Contract Law notes look at Warranty, Condition, and Innominate terms. In the case of a breach of contract, the distinction between a provision that is a condition and one that is a warranty becomes important. It's easy for students to quickly understand the important facts in each case because they are given as short summaries. The ratio of the case, the reason for the ruling, and how the case comes up with the general principle come next. There are also comments on how the case should be used to give advice.

Cases

Condition

Schuler v Wickman Machine Tools [1974] AC 235

Warranty

Poussard v Spiers and Pond(1875-76) LR 1 QBD 410

Bettini v Gye (1876) 1 QBD 183

Innominate terms

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26

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