Contact Term Cases

CONTRACT TERMS CASES Express (Conditions and Warranties) and Innominate Terms Poussard v Spiers and puddle (1876) C agreed to take the star role in an opera commencing 28 November that payable to illness did not reverse up until 4 celestial latitude by which time D had hired someone else. C sued for break up 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 authorize to stop over the contract Bettini v Guy (1876) C agreed to sing in an opera for D and to play up for rehearsals 6 age in the beginning 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 abstracted 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 enthrallping Co v Kawasaki Kisen Kaisha Ltd (1962) C owned a beguile 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 lode 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 unlawful repudiation. The court held the clause was incomplete a warranty nor a condition but an innominate verge. The effect of the breach meant that the ship was even so available for 19 out of 24 months do D could not treat th e contract as discharged but could only clai! m damages. Implied Terms The 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 chase after would be safe. It was held that both parties would have agreed to an implied term that the wood sorrel should be safe C would want...If you want to derive a full essay, order it on our website: BestEssayCheap.com

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