- This term is essential as it is at the route or heart of a contract.
Remedies available for breach of this term include:
- The right to claim damages
- The right to terminate a contract
- Poussard v Spiers (1876) 1 QBD 410:
- Madame Poussard entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. Spiers (producers) then replaced her with another opera singer.
- Held: Poussard was in breach of condition and Spiers was entitled to terminate her contract as she missed the opening night, and a great amount of importance was placed on that night.
If parties label a term a condition, then the court may uphold this, although not always.
Warranties are subsidiary terms, and are therefore minor.
- If a person breaches a warranty, then that person is only entitled to claim damages, and cannot terminate the contract.
- A warranty is only equivalent to a warranty depending on the nature of the contract. e.g. an insurance contract.
Bettini v Gye (1876) 1 QBD 183:
- Bettini agreed by contract to perform as an opera singer for a three month period. He became ill and missed 6 days of rehearsals. The employer sacked him and replaced him with another opera singer.
- Held: Bettini was not in breach of warranty and therefore the employer was not entitled to end the contract. Missing the rehearsals did not go to the root of the contract.
- Some terms implies by statute are classified as either a condition or warranty .e.g ss.12-15 Sale of Goods Act 1979 are all conditions/ Impact of Consumer Rights Act 2015