Warranty, Condition and Innominate Terms

£15.00

This Contract Law lecture looks at the classification and nature of terms namely if they are a Warranty, Condition, and Innominate term. The traditional view is that each term of a contract, express or implied, is either a condition or a warranty, depending upon its importance with regard to the purpose of the contract. The question whether a term is a condition or a warranty becomes significant in cases of breach of contract.

Learning Outcomes

By the end of the lecture you should be able to:

  1. identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;

  2. understand the degree of importance of time to the parties in certain kinds of contract.

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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This Contract Law lecture looks at the classification and nature of terms namely if they are a Warranty, Condition, and Innominate term. The traditional view is that each term of a contract, express or implied, is either a condition or a warranty, depending upon its importance with regard to the purpose of the contract. The question whether a term is a condition or a warranty becomes significant in cases of breach of contract.

Learning Outcomes

By the end of the lecture you should be able to:

  1. identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;

  2. understand the degree of importance of time to the parties in certain kinds of contract.

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

This Contract Law lecture looks at the classification and nature of terms namely if they are a Warranty, Condition, and Innominate term. The traditional view is that each term of a contract, express or implied, is either a condition or a warranty, depending upon its importance with regard to the purpose of the contract. The question whether a term is a condition or a warranty becomes significant in cases of breach of contract.

Learning Outcomes

By the end of the lecture you should be able to:

  1. identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;

  2. understand the degree of importance of time to the parties in certain kinds of contract.

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