Explaining the contents of a contract: what are the different categories of contractual terms?

There are three categories of contractual terms: conditions, warranties, and innominate terms.1.      Conditions: A condition is a term that, when breached, would deprive the innocent party of substantially the whole benefit intended he should obtain under the contract (as stated in Hong Kong Fir Shipping Co). Breach of a condition entitles the innocent party to repudiate the contract and/or claim damages (Poussard v Spiers).2.      Warranties: A warranty is a term that, when breached, would not substantially deprive the innocent party of the whole benefit intended he should obtain under the contract (Hong Kong Fir Shipping Co v Kawasaki). Breach of a warranty entitles the innocent party to claim damages, not to repudiate the contract or to be discharged from performance (Bettini v Gye)3.      Innominate Terms: An intermediate or innominate term is a term for which the Court considers the consequences of the breach on the innocent party before determining whether the term is in fact a condition or a warranty (Hong Kong Fir Shipping Co). 

Answered by George H. Law tutor

1689 Views

See similar Law University tutors

Related Law University answers

All answers ▸

Explain the importance of the separation of powers. (4 marks)


To what extent do public authorities have 'general immunity'?


Explain the different rules of statutory interpretation within the English Legal System. Use cases and examples to show your analysis.


To what extent are the wishes of the patient respected? (Law, medical ethics)


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

© MyTutorWeb Ltd 2013–2025

Terms & Conditions|Privacy Policy
Cookie Preferences