Warranty, Condition and Innominate Terms Q&A

These are the Contract Law Questions and Answers Regarding Warranty, Condition, and Innominate Terms. There are a lot of examples of how to answer the kinds of questions that might be on your exam or contract law assignment. There is a problem question with answers that looks at the classification of terms of contract. There are both essay questions and problem questions with answers to help you. These notes will show students how to write law essays and give clear help.

Question 1

Evaluate the importance of terms within a contract according to their importance to the contract and the method of origin and consequence of breach. 

Question 2

Fred advertises in an antiques journal that he has an aeroplane for sale. The advertisement appears on 1 October and reads:

“A rare opportunity to acquire a collector’s item: A bi-plane which belonged to the early flying ace, Sir George Ditcher, has come on the market for the first time. Sir George was an early member of the Royal Flying Corps and was the person upon whom Wiggles, the fictional flying hero, was based. £85,000 or nearest offer.”

Boris, the owner of a museum dedicated to items connected with the First World War, contacts Fred on 15 October to discuss the sale. Fred shows Boris a large collection of letters written by Sir George Ditcher which describe an aeroplane of the same type as the one offered for sale as ‘my little buzz bomb’. He also points out numerous letters written to Sir George by the author of the Wiggles books. On 31 October, Boris agrees to buy the aeroplane for £85,000 and a brief written contract is entered into which makes no mention of Sir George Ditcher or Wiggles.

Boris displays the bi-plane at his museum describing it as ‘previously owned by Sir George Ditcher, the real life Wiggles’. It has now been established that, although he did fly it, the aeroplane never belonged to Sir George Ditcher and that there ten other people who had as strong a claim as Sir George Ditcher to be the basis of the Wiggles character.

Advise Boris.