7505660
Question 1
Question
What is a warranty?
Answer
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A major term which goes to the heart of the contract
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A minor term of the contract
Question 2
Question
What is the available remedy for the innocent party for breach of warranty?
Answer
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Termination of the contract only
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Damages only
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Termination and damages
Question 3
Question
In Bettini v Gye, what type of term was breached?
Answer
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Condition
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Warranty
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Innominate term
Question 4
Question
What is a condition?
Answer
-
A major term which goes to the heart of the contract
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A minor term of the contract
Question 5
Question
Why is it important to make the distinction between conditions and warranties?
Answer
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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
Question 6
Question
In Behn v Burness, what type of term was breached?
Answer
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Condition
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Warranty
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Innominate term
Question 7
Question
What is the available remedy for the innocent party for breach of condition?
Answer
-
Termination of contract only
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Damages only
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Termination of contract and damages
Question 8
Question
Which case established the innominate term approach?
Answer
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Poussard v Spiers
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The Mihalis Angelos
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Hong Kong Fir Shipping v Kawasaki
Question 9
Question
What is the innominate term approach?
Answer
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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
Question 10
Question
This approach has been criticised for creating increased litigation and uncertainty
Answer
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True
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False
Question 11
Question
In Schuler v Wickman Tools, how did the courts classify the term of the contract regarding salesman visits?
Answer
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Condition
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Warranty
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Innominate
Question 12
Question
What did the court state in Bunge Corporation v Tradax regarding the innominate term approach?
Answer
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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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