Warranty, Condition and Innominate Terms
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:
identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;
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:
identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;
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:
identify the relationship between conditions, warranties and innominate terms and be able to distinguish between them;
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