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CASE RATIOS WK 1 Tramways Breach of warranties do not give rise to termination of contract.

The aggrieved party can terminate a contract for breach of condition, however slight. Associated newspapers Beach of warranties do not give rise to termination of contract. The aggrieved party can terminate a contract for breach of condition, however slight. Ankar The aggrieved party can terminate a contract for breach of condition, however slight. Arcos (timber, jurisdiction???? I think England) Breach of a condition gives rise to termination of the contract, regardless of the gravity of the breach. (timber delivered was only slightly different from the specifications in the contract, and were still suitable for its intended purpose. Correspondence with description was deemed a condition under the Sale of Goods Act, so the buyers were allowed to terminate the contract.) Tramways Find real ratio somewhere The language in which the obligation is described may be relevant in assessing whether a term is a condition. ('we guarantee' - words of strong obligation which emphasises importance of term. 'as soon as possible' is a relative concept so not a condition.) Hong kong

Find real ratio This case actually seems quite complicated. P331 bottom para also some summaries. In Hong Kong, the ship being seaworthy was not a condition - it was 'unthinkable that all the relatively trivial matters which have been held to be unseaworthiness could be regarded as conditions of the contract'. Koompahtoo Find real ratio Sanpine did not maintain books. Judges decided they were intermediate terms. Sanpine's breaches went to root of contract, so Koompahtoo's termination of contract was valid.

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