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- In the strict legal sense, a warranty is the name given to an ordinary term of the contract and generally speaking, most terms will be legally classified as warranties unless there is a reason to classify them as something else.
www.stevens-bolton.com/site/insights/publications/all-terms-are-equalCommercial & Technology Contracts Mythbuster: all terms are ...
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Is a term in a contract a condition or a warranty?
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Traditionally, contractual terms were classified as either conditions or warranties. The category of innominate terms was created in Hong Kong Fir Shipping. It is important for parties to correctly identify which terms are to be conditions and which are to be warranties.
- Poussard V Spiers
Madame Poussard entered a contract to perform as an opera...
- Poussard V Spiers
- Introduction
- Body
- Conclusion
In order to analyze the context of the sale of goods act 1979, which categorise the terms of contract of sale into either conditions or warranties, it will be important to define the meaning of the two terms. Further on, it will be helpful to use relevant cases from the English law to show how the different terms can be used in real life in differe...
A condition is a fundamental term of the contract which goes to the very root of the contract. A failure to perform a condition will render the contract significantly different from that contracted for. Breach of a condition entitles the innocent party to treat the contract as repudiated and itself as discharged from performance of all outstanding ...
All these cases and definitions of the terms in a contract states that the classification of the terms of a contract, made in the sale of Goods Act 1979, may be deficient. It also shows that even though it may be easy to classify different terms in a contract into either conditions or warranties in theory, it is much more complicated in practice. T...
Oct 30, 2023 · This will depend on whether the term in question takes effect as a condition or a warranty or whether the nature and consequences of the breach are sufficiently serious as to constitute a repudiation of the contract. This is the function of the ‘classification of terms’ in contract cases.
An outline of the classification of contract terms as conditions, warranties and intermediate or innominate terms.
Feb 10, 2024 · Warranties can be express, explicitly stated within the contract, or implied, where certain statutory warranties automatically apply unless expressly excluded. This distinction is crucial in understanding the scope and limitation of warranties in a commercial contract.
If a provision is a warranty, then an innocent party will only be able to claim damages – it will not be entitled to terminate the contract. A provision will be an innominate term if it is neither a condition nor a warranty.
Nov 24, 2016 · It is not enough that a warranty is capable of being a representation. What matters is the parties’ intention at the time the contract is completed. Here, the relevant contractual provisions were expressly referred to only as warranties.
