conditions and warranties ppt

Conditions And warranties

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Condition [sec12(2)]

A condition is a term (oral or written) which goes directly 'to the root of the contract', or is so essential to its very natur nature e that if it is broken broken the innocent party can





Warranty [sec12(3)]

A warranty is a term of the contract which is collateral or subsidiary to the main purpose of the contract. It is therefore not so vital as to affect a discharge of the contract. A breach of warranty only entitles the innocent





Conditions v. Warranties Two cases involving opera singers show the difference between conditions and warranties .





In Poussard v Spiers and Pond, Mrs. Poussard was an opera singer. ssin inger. ger. She agreed agreed to sing in an opera starting on 28 November. However, she became ill and was unable to sing until 4 December.  The opera company had to hire another singer so that the opera could start on 28 November.  They could only get another singer if they hired her for all the performances of the opera.  They did this and refused the services of Mrs Poussard once she was better  Mrs. Poussard raised a court action to try to make the company pay her 





The position was different in Bettini v Gye  

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Bettini was an opera singer He agreed to sing in London in a number number of of theatres theatres beginning on 30 March He also agree that he would arrive arrive in London 6 days before the first performance in order to practice. Bettini became ill and did not n ot arrive in London until 3 days not before the first performance The opera company refused to allow him to sing si ng sing They said he had breached the contract







Types of conditions and warranties 1) Express – which are expressly provided in the contract.





Implied conditions •

Condition as to title [sec.14(a)] right to sell.

Sale by description

- seller has the





Implied warranties 1. Warranty of quiet possession 2. Warranty of freedom from

[sec.14(b)]





CAVEAT EMPTOR In a contract of sale of goods the seller is under no duty to reveal





conditions and warranties ppt

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