7505660
Questão 1
Questão
What is a warranty?
Responda
-
A major term which goes to the heart of the contract
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A minor term of the contract
Questão 2
Questão
What is the available remedy for the innocent party for breach of warranty?
Responda
-
Termination of the contract only
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Damages only
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Termination and damages
Questão 3
Questão
In Bettini v Gye, what type of term was breached?
Responda
-
Condition
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Warranty
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Innominate term
Questão 4
Questão
What is a condition?
Responda
-
A major term which goes to the heart of the contract
-
A minor term of the contract
Questão 5
Questão
Why is it important to make the distinction between conditions and warranties?
Responda
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To ensure the right remedy is awarded to the innocent party
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To make it easier to get out of an inconvenient contract
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It isn't important
Questão 6
Questão
In Behn v Burness, what type of term was breached?
Responda
-
Condition
-
Warranty
-
Innominate term
Questão 7
Questão
What is the available remedy for the innocent party for breach of condition?
Responda
-
Termination of contract only
-
Damages only
-
Termination of contract and damages
Questão 8
Questão
Which case established the innominate term approach?
Responda
-
Poussard v Spiers
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The Mihalis Angelos
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Hong Kong Fir Shipping v Kawasaki
Questão 9
Questão
What is the innominate term approach?
Responda
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Where the courts allow parties to repudiate contracts that are inconvenient
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Where the courts look at the result of the breach before making a decision about remedies
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Where the courts award no remedies
Questão 10
Questão
This approach has been criticised for creating increased litigation and uncertainty
Responda
-
True
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False
Questão 11
Questão
In Schuler v Wickman Tools, how did the courts classify the term of the contract regarding salesman visits?
Responda
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Condition
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Warranty
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Innominate
Questão 12
Questão
What did the court state in Bunge Corporation v Tradax regarding the innominate term approach?
Responda
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All terms should be classified as innominate
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The approach should only be used where it is impossible to classify
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The approach should never be used again
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