what are express terms
something that is specifically agreed between two parties
what is an implied term
something that is implied within the contract.
what are the types of term
-condition
-warranty
-an innominate term
what is a condition
term in a contract so important that a failure to perform the obligation would destroy the main purpose of the contract.
If the contract is broken the person suffering is entitled to end the contract.
Poussard v Spiers and Pond- condition
a condition is said to go to the root of a contract - Actress agreed to perform lead role, failed to attend performances, broke the contract by not turning up. condition was repudiated.
What is repudiation
the ending of a contract due to a refusal by one party
what is the rescission-
equitable remedy that is made at the discretion of the court.
what is a warranty
is a minor term of the contract, only damages can be claimed for breach of warranty- no right of the party to repudiate
Bettini v Gye
singer was contracted to perform concerts + six day rehearsal , failed to attend not permitted to continue the contract , breach of warranty
what is an innominate term
term in a contract that is not clearly a condition or warranty , effect of breach may be viewed as a condition or a warranty depending on consequences.
Hong Kong Fir Shipping Co. LTD v Kawasaki Kisen Kaisha LTD
many terms in a contract are not clealy a condition or warranty until breach has occurred. Defendant chartere cargo ship, problem with ships engine , not fully seaworthy , 18 weeks lost for repairs, only breach of warranty
