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Terms of contract: condition, warranties, innominate terms


Law and Sea.
Contractual Terms

Considering the contract as an exchange of binding promises it can be said that any breach of such promise by the party in fault gives to the innocent party a right to seek for appropriate remedies, unless liability for breach in question expressly excluded. In many cases contract specifically provides for remedies available to the aggrieved party, in all other instances this question to be decided by the court. Extent of available remedial actions depends on the nature of the terms has been breached, on consequences, and effect of it, subject to limiting or excluding provisions, if any.

Last updated: 21-Jun-2015

Per by Buller J. in Pasley v Freeman (1789) 3 Term Rep 51:

It was rightly held by Holt C.J. and has been uniformly adopted ever since, that an affirmation at the time of sale is a warranty, provided it appear on evidencevidencee been so intended.

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