Contract Law - Conditions, Warranties and Innominate Terms
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- čas přidán 2. 08. 2024
- Some terms of a contract will have more importance than others.
Originally s. 11 of the Sale of Goods Act 1893 makes a distinction based on what should happen when there is a breach:
breach of a condition give the right to treat the contract as repudiated
breach of a warranty only gives rise to a claim for damages
However this distinction was somewhat problematic because it was extremely simplistic. Where the condition/warranty distinction is too simplistic an innominate term can instead look at what impact a breach of the terms has had (Hong Kong Fir Shipping Co. Ltd. v Kawasaki Kisen Kaisha Ltd. [1962]).
Nevertheless innominate terms should not undermine the value of distinguishing between terms that are either more or less important than others. Having clear conditions means that parties to a contract do not have to wait until the full effects of a breach are realised in order to understand the consequences (The Mihalis Angelos [1971]).
Overall the distinction between conditions and warranties remains important for whether claimants can repudiate the contract or not but the actual impact of a breach can mean a warranty is considered important enough to allow for a repudiation (Hong Kong Fir) or a breach of a condition has minimal impact and so the court will only allow a claimant to be awarded damages (Reardon Smith Line v Hansen-Tangen [1976]).
Marcus' videos were of invaluable help while doing my GDL.
I also admit to dipping into Marcus' videos now and then now I've finished the GDL as a way of keeping it fresh in my mind.
Hey Marcus, just came back to your channel to say thank you for the videos that have helped me throughout my time as a student. Graduated with a 2:1 recently and I'm thankful for the help you've provided.
Hey Marcus ! , I graduated 2020 with a 2.1 and all thanks to you ! Just came back to say thank you because I never said it ❤️
Congrats on the new set up and thank you so much again for all your amazing work! Very grateful!
Thank you Marcus really appreciate your help through your video lectures its a great help
A great video as always, thank you!
Glad you enjoyed it!
So good as always!
Thanks, buddy your videos are amazing!!!!
Excellent explanation.
You've turned into Grizzly Adams, good stuff, thanks.
Whiz kid lecturer - love the beard!
Great look 👀 and the lecture 😻
Thank you Mr Cleaver.
You're welcome!!
Sassy since birth ♡
Ty for the clarity
OMG HE GREW UP!
So helpful with studying !!
Thanks for very clear explanation 👍 👌
Thanks for this Marcus! Would you do a video explaining landlord / tenant law sometime soon?
Thank you
From boy to men :P Thanks for the wonderful explanation!
I have three words " I love you " and another 4 "you are saving me "
thanks marcus
Hey Marcus, hope you are well. Are you going to be covering other LLB contract law topics?
Hey marcus can we get a video on exclusion clauses please 🙏🏾love what you are doing
Just clicked the video after seeing the thumbnail to say --> NICE HAIR DUDE
bahahaha thanks!
@@marcuscleaver YOU REPLIED!!😲
same lol
You look sooo different from 2016🥺
Time is a cruel mistress.
Hi Marcus! Would you be kind enough to give some lectures on Jurisprudence and Legal Theory please? Thank you. 😀
Thank you
You really helped
Do you have a video for written and oral contract
Hi Marcus, can you do the rest of the topics in the syllabus?
Good video
Thanks for the visit!
You look like a character from the Walking Dead - totally doomsday prepped! Love it!
On another note what a great coherent video
i guess covid lockdown do make some people more handsome...
Can you do a video on the c’est que vie act 1666
Nice beard bro
the long hair is 🔥🔥
please do IP law in gumroad thingy pls
You ever seen Tarzan the animated film? You look like Tarzan's dad
haha I wish I did!
Can you do company law?
No, sorry :(
Can a person sue for breach of contract if a person revokes an offer before acceptance?
A contract is formed on ACCEPTANCE so my answer would be no as there is no contract and thus there is no breach. I am sure Marcus will correct me if I am wrong though so we should await his response.
@@TheresaRocheactress I think ur right
@@TheresaRocheactress Hey, I wanted to ask you know with contracts do both parties need to receive things or can only one party receive a thing. For example, I entered a contract with someone to save money for a person and that person does nothing in return. Is that contract still valid or do both parties need to be getting something.
@@phoebethomas3027 Not sure I understand the scenario you have described. Think it best you get proper advice.
@@TheresaRocheactress hi sorry let me rephrase. Can a contract be valid if only party is getting something out the contract.
Professor of money heist and u are same😃
Are you a lawyer?
Omg you look so different.
didn’t even recognise him
You grew a beard 😭nooo