Contact Term Cases

CONTRACT TERMS CASES Express (Conditions and Warranties) and Innominate Terms Poussard v Spiers and pond (1876) C agreed to take the atomic number 82 role in an opera commencing 28 November exclusively collect to illness did not reverse up until 4 celestial latitude by which time D had hired someone else. C sued for time out of contract. The court held it was of the essence(p) that the opera started well and with someone in the leading role(!) and so the subscribeant had broken a condition. D therefore was empower to stop over the contract Bettini v Guy (1876) C agreed to sing in an opera for D and to pass on up for rehearsals 6 age ahead the opera was due to start. When C turned up 2 days before the opera was due to start, D refused to have him. The court held lacking some rehearsals was merely a breach of warranty so D could not come up to the contract as ended but could only claim damages. Hong Kong Fir consignment carrys Co v Kawa saki Kisen Kaisha Ltd (1962) C owned a aggrieve which they chartered to D for 24 months in February 1957. The contract appendd that the ship would be in every representation fitted for ordinary cargo service. The engines were old and the staff incompetent; the ship was delayed for 20 weeks and would not be ready until December so in June D repudiated the contract for breach of condition.

C claimed damages for improper repudiation. The court held the clause was uncomplete a warranty nor a condition but an innominate verge. The effect of the breach meant that the ship was motionless available for 19 out of 24 months do D could not treat the contract as discharged but coul d only claim damages. Implied Terms Th! e Moorcock (1899) C make a contract to unload his boat at Ds wharf. When the tide went out the bottom of the boat was damage on a rock at the bottom of the enter which neither party realised was there. The contract did not provide that the pier would be safe. It was held that both parties would have agreed to an implied term that the dockage should be safe C would want...If you want to derive a full essay, order it on our website: OrderEssay.net

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