Classification

Question 1

Poussard

Answer 1

Conditions, the whole point of the contract (playing lead role).

Question 2

Bettini

Answer 2

Warranties, not the whole point of the contract (attending rehearsals).

Question 3

Sale of goods act 1979

Answer 3

Terms related to quality in B2B contracts were conditions, the more unreasonable, less likely to be a condition.

Question 4

Hong kong fir shipping

Answer 4

Created innominate terms, “does the breach deprive the party of the whole benefit of the contract”.

Question 5

Bunge corporation

Answer 5

“readiness to load” contracts were conditions, not innominate, to keep law certain.

Question 6

Cehave v Bremer

Answer 6

Courts can find innominate terms if one party would exploit it as a condition.