1
Q
What does repudiation mean?
A
The contract becomes terminated.
2
Q
What is a condition?
A
Fundamental part of the contract.
3
Q
What is a warranty?
A
Minor terms which are collateral to the main agreement.
4
Q
What is the difference between breaching a condition and a warranty?
A
Breach of a condition ends the contract. Breach of a warranty does not, the contract still stands.
5
Q
What is the case demonstrating breach of condition?
A
Poussard v Spiers and Pond.
6
Q
What is the case demonstrating breach of warranty?
A
Bettini v Gye.
7
Q
What are innominate terms?
A
Could be a condition or a warranty depending o how it has been breached.
8
Q
What 4 situations means a term is innominate?
A
- If statute treats it as a condition.
- Precedent.
- Contract expressly or impliedly says its a condition.
- It seems clear from nature and the parties.
