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Express contract (Categories of express terms (Warranty (Not the main…
Express contract
Categories of express terms
Condition
An essential term in a contract
Condition Precedent
Subject to contract'
Means parties are not bound until they have reached an agreement
Pym v Campbell (1856)
Third party approval of an invention. It did not occur so the contract did not exist
Promissory condition
Contract where a promise is in place
Such as in land purchase to obtain planning permission
Condition subsequent
Contract terminated on the occurrence of a future event written into the contract
Head v Tattersall (1876)
Horse returned as it was injured and not ridden with a specified hunt
Warranty
Not the main purpose of the contract
Can sue for damages
Cannot cancel the whole contract
The parties can stipulate if it is a condition or a warranty
innominate or intermediate term
Representation
It cannot breach a contract, though may be legal consequences
Statement can be false to induce someone to sign a contract
Thake v Maurice [1986]
Vasectomty
Express term
If not complied with creates a breach of contract
Wholly written Oral or Conduct