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D.Classification of contractual terms
Contractual terms were historically classified as conditions or warranties. The classification…
A condition is an essential, important term in a contract, often said to be one that…
McKendrick explains as follows:…
“A condition is an essential term of the contract which goes to the root or the heart of the contract. Thus, in the example of the purchase of a new car, the terms as to the make of the car, its roadworthiness and the obligation to pay the price would likely be conditions. A warranty, on the other hand, is a lesser, subsidiary term of the contract, such as the term relating to the colour of the car …
In 1962 Diplock LJ (as he then was) introduced a new, third “in-between” category:…
The three classifications are explored below in turn, with case-law illustration…
2.Incomplete and vagueness of terms
1.Conditions and warranties
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