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5 Cards in this Set
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- Back
- 3rd side (hint)
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Express terms |
The written and oral terms of the contract which are expressly agreed, either verbally, in writing, or by other means, before a contract is agreed upon. |
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Implied terms |
Are unspoken or unwritten terms of a contract that are assumed to be part of different types of contracts for a number of reasons. They can be created by statutes, ie. Sale of Goods and Supply of Services Act 1980. |
Sale of Goods and Supply of Services Act 1980 previously Sales of Goods Act 1893. |
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Condition can be express or implied term |
Condition important to contract, breach of a condition allows a grieved party to treat the contract as discharged. |
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Warranty |
Less important to contract, remedy for breach is a claim for damages. Contract still in force. |
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Cases |
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd |
Ship chartered to transport goods. The crew incompetent and not fit for purpose. Result defendants lost time transporting goods. Defendants repudiated the contract calming breach of condition. Plaintiff brought action for wrongful repudiation. Argued breach did not entitle Defendants to terminate contract. Court ruled for Plaintiff. Held - breach did not deprive the defendants of their whole benefit. Therefore, the breach was of a warranty allowing the defendents to sue for damages. But not repudiate the contract. |
