Contract Law Classification of terms

The three types of term which will be considered in this presentation are; Conditions, Warranty, and Innominate terms.

First of all, condition is the most important part of a contract which failure to oblige by the condition will demolish the purpose of the contract. Secondly, Warranty is less important than a condition as it concerns right to sue for damages.See Poussard v Spiers and Pond (1876) 1 QBD 410

The third classification of term is the innominate term which in devolving the outcome of a breach of the term, consequences of the breach will be considered instead of the way it is classified in deciding on what remedy should be awarded in the circumstances. See Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Keisha Ltd ( The Hong Kong Fir Case) [1962] 2 QB 26.

Case commentary: Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd [1962] 1 All ER 474 CA

The case introduced the concept of Innominate term.

By Halimatu Sadiya Abubakar Ahmed

Dan Bansal group Monday 12-1pm

Created By
Halimatu Sadiya Abubakar Ahmed
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Created with images by stevepb - "binding contract contract secure" • Irlam,Cadishead,Rixton with Glazebrook old photos - "g ebzu FLIGHT'S TRAGIC ENDING. Irlam,1932." • Ben Sutherland - "Justice atop the Old Bailey, London"

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