LAWS1000 Chapter Notes - Chapter 9: Syllogism, Condition Subsequent, The Moorcock

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17 Oct 2018
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Terms are generally classified as either conditions or warranties on the basis of their essentiality. Tramways advertising pty ltd v luna park (nsw) ltd (1938) 38 sr (nsw) 632. Conditions are major terms of the contract, breaches of which render performance of the contract something substantially different from what was agreed. If a condition is breached, the innocent party can terminate the contract (at his or her election) and can also sue for damages. Poussard v spiers and pond (1876) 1 qbd 410. A warranty is a minor term of the contract, a breach of which renders the contract different but not substantially different. In general, a breach of warranty can be compensated for by damages and this is the only remedy available for such a breach. An intermediate term is not, of its nature either a condition or a warranty. It is a term that is capable of being breach in both minor and major ways.

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