(a) A condition is a major term of a contract or a term of a major stipulation.
A warranty is a minor term of a contract or a term of a minor stipulation.
(b) A condition runs to the root of the contract.
A warranty does not run to the root of the contract.
(c) A condition is part of the central theme of the contract
A warranty is a collateral or peripheral term of the contract.
(c) For condition if breached, it entitles the innocent party to treat the contract as repudiated and sue in damages for the breach. As was the case in Poussard V. Spiers and Pond where it was held that the singers non appearance from the beginning of the season amounted to a breach of a condition and the organizers were entitled to treat the contract as repudiated.
A warranty if breached, it entitles the innocent party to an action in damages but the contract remains enforceable. The party is therefore bound to honour its part. In Bettini V. Gye it was held that the term broken was a warranty.
maurice.mutuku answered the question on April 28, 2018 at 13:25
-
Highlight the essentials of a contract for the sale of goods.
(Solved)
Highlight the essentials of a contract for the sale of goods.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the advantages of a private company over a public company.
(Solved)
Explain the advantages of a private company over a public company.
Date posted:
April 28, 2018
.
Answers (1)
-
Describe the ways in which a corporation may be established.
(Solved)
Describe the ways in which a corporation may be established.
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “delegated legislation” and discuss its advantages and disadvantages.
(Solved)
Define the term “delegated legislation” and discuss its advantages and disadvantages.
Date posted:
April 28, 2018
.
Answers (1)
-
What are the advantages and disadvantages of judicial precedent?
(Solved)
What are the advantages and disadvantages of judicial precedent?
Date posted:
April 28, 2018
.
Answers (1)
-
Distinguish a special agent from a general agent.
(Solved)
Distinguish a special agent from a general agent.
Date posted:
April 28, 2018
.
Answers (1)
-
Outline the general defences available to the occupier against liability to a trespasser.
(Solved)
Outline the general defences available to the occupier against liability to a trespasser.
Date posted:
April 28, 2018
.
Answers (1)
-
Advise an occupier whose employee, a window cleaner was injured when a window
pane was shattered.
(Solved)
Advise an occupier whose employee, a window cleaner was injured when a window
pane was shattered.
Date posted:
April 28, 2018
.
Answers (1)
-
With reference to the Occupiers Liability Act, explain its main provisions in relation to liability of a person visiting a premises.
(Solved)
With reference to the Occupiers Liability Act, explain its main provisions in relation to liability of a person visiting a premises.
Date posted:
April 28, 2018
.
Answers (1)
-
With reference to the Occupiers Liability Act, define an occupier and Highlight what is expected of him or her
(Solved)
With reference to the Occupiers Liability Act, define an occupier and Highlight what is expected of him or her
Date posted:
April 28, 2018
.
Answers (1)
-
Section 31 of the law of succession Act provides that a gift made in contemplation of
death shall be valid despite there being no transfer. Explain...
(Solved)
Section 31 of the law of succession Act provides that a gift made in contemplation of
death shall be valid despite there being no transfer. Explain the conditions which have
to be fulfilled before such gifts can be valid.
Date posted:
April 28, 2018
.
Answers (1)
-
Who is "Administrator pendente lite?".
(Solved)
Explain who "Administrator pendente lite is.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the meaning of "Administrator cum testamento annexo"
(Solved)
Explain the meaning of "Administrator cum testamento annexo"
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the Doctrine of survivorship.
(Solved)
Explain the Doctrine of survivorship.
Date posted:
April 28, 2018
.
Answers (1)
-
Outline the categories of persons eligible to be naturalized as citizens of your country.
(Solved)
Outline the categories of persons eligible to be naturalized as citizens of your country.
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “domicile” and citing examples, explain three types of domicile.
(Solved)
Define the term “domicile” and citing examples, explain three types of domicile.
Date posted:
April 28, 2018
.
Answers (1)
-
Distinguish choses in action from choses in possession giving examples of each.
(Solved)
Distinguish choses in action from choses in possession giving examples of each.
Date posted:
April 28, 2018
.
Answers (1)
-
Discuss the ways in which a person can lose ownership.
(Solved)
Discuss the ways in which a person can lose ownership.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the principle in the rule in Dunlop Pneumatic Tyre Co. Vs. Selfridge & Co. Ltd,
(1915)and the exceptions thereof.
(Solved)
Explain the principle in the rule in Dunlop Pneumatic Tyre Co. Vs. Selfridge & Co. Ltd,
(1915)and the exceptions thereof.
Date posted:
April 28, 2018
.
Answers (1)
-
Differentiate between Law of succession and law of trust.
(Solved)
Differentiate between Law of succession and law of trust.
Date posted:
April 28, 2018
.
Answers (1)