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Contract Law ll (2. Conditions, Warranties and Innominate Terms (A…
Contract Law ll
2. Conditions, Warranties and Innominate Terms
A condition is a very important term of a contract, one which goes to the root of the contract. It is so crucial to the contract that if it is breached, the innocent party can treat the contract asbeing ended, and can refuse to perform his part of the contract.
A warranty is a term which is not so important to the contract. If it is breached, the contract is still intact, which means that the innocent party cannot refuse to perform his part of the contract. His remedy is to sue the other party for damages.
Sometimes, the relative importance of a contractual term is debatable and such a term would not fit neatly into the classification of conditions and warranties. These terms are known as innominate terms.
1. Terms and Conditions
Terms are statements which form part of the agreement which set out the duties and rights of
each party. These can be oral or written or both.
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Representations are statements which are usually made before the agreement is entered into
and which do not form part of the final contract
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