Contract Law - Conditions, Warranties and Innominate Terms

Some terms of a contract will have more importance than others.
Originally s. 11 of the Sale of Goods Act 1893 makes a distinction based on what should happen when there is a breach:
breach of a condition give the right to treat the contract as repudiated
breach of a warranty only gives rise to a claim for damages
However this distinction was somewhat problematic because it was extremely simplistic. Where the condition/warranty distinction is too simplistic an innominate term can instead look at what impact a breach of the terms has had (Hong Kong Fir Shipping Co. Ltd. v Kawasaki Kisen Kaisha Ltd. [1962]).
Nevertheless innominate terms should not undermine the value of distinguishing between terms that are either more or less important than others. Having clear conditions means that parties to a contract do not have to wait until the full effects of a breach are realised in order to understand the consequences (The Mihalis Angelos [1971]).
Overall the distinction between conditions and warranties remains important for whether claimants can repudiate the contract or not but the actual impact of a breach can mean a warranty is considered important enough to allow for a repudiation (Hong Kong Fir) or a breach of a condition has minimal impact and so the court will only allow a claimant to be awarded damages (Reardon Smith Line v Hansen-Tangen [1976]).

[@thecliffracer]

Hey Marcus, just came back to your channel to say thank you for the videos that have helped me throughout my time as a student. Graduated with a 2:1 recently and I'm thankful for the help you've provided.

[@TheresaRocheactress]

Marcus' videos were of invaluable help while doing my GDL.

[@TheresaRocheactress]

I also admit to dipping into Marcus' videos now and then now I've finished the GDL as a way of keeping it fresh in my mind.

[@missfarida6050]

Hey Marcus ! , I graduated 2020 with a 2.1 and all thanks to you ! Just came back to say thank you because I never said it ❤️

[@butiamawaketoday]

Congrats on the new set up and thank you so much again for all your amazing work! Very grateful!

[@TheresaRocheactress]

Whiz kid lecturer - love the beard!

[@nazb5990]

A great video as always, thank you!

[@marcuscleaver]

Glad you enjoyed it!

[@alexharrison9340]

You've turned into Grizzly Adams, good stuff, thanks.

[@ric6383]

Thank you Mr Cleaver.

[@marcuscleaver]

You're welcome!!

[@waqasahmedkhan3910]

Great look 👀 and the lecture 😻

[@simmons851]

Excellent explanation.

[@susanjohn7241]

Thank you Marcus really appreciate your help through your video lectures its a great help

[@sofiacatrina5765]

Sassy since birth ♡

[@dzayn4263]

OMG HE GREW UP!

[@salahx6466]

Ty for the clarity

[@siobhanmurphy9605]

Thanks for very clear explanation 👍 👌

[@Babychicken_22]

You look sooo different from 2016🥺

[@marcuscleaver]

Time is a cruel mistress.

[@ganadora69]

So good as always!

[@teachme7545]

Thank you

[@dakshinadanidu6987]

Just clicked the video after seeing the thumbnail to say --> NICE HAIR DUDE

[@marcuscleaver]

bahahaha thanks!

[@dakshinadanidu6987]

@@marcuscleaver YOU REPLIED!!😲

[@zallandkasi7366]

same lol

[@ahsanjehangir8011]

Hey Marcus, hope you are well. Are you going to be covering other LLB contract law topics?

[@lulalaaaa]

From boy to men :P Thanks for the wonderful explanation!

[@lordmountbatten154]

Thanks, buddy your videos are amazing!!!!

[@isaacm6093]

Hey marcus can we get a video on exclusion clauses please 🙏🏾love what you are doing

[@sebastianhope8342]

thanks marcus

[@Liz19993]

I have three words " I love you " and another 4 "you are saving me "

[@venigos]

Hi Marcus, can you do the rest of the topics in the syllabus?

[@milesmallinson9806]

So helpful with studying !!

[@datgirlcalled_liz6562]

Thank you You really helped Do you have a video for written and oral contract

[@laurenclarke3571]

Thanks for this Marcus! Would you do a video explaining landlord / tenant law sometime soon?

[@ProDemocracy01]

Good video

[@marcuscleaver]

Thanks for the visit!

[@calebcheong117]

Hi Marcus! Would you be kind enough to give some lectures on Jurisprudence and Legal Theory please? Thank you. 😀

[@bnesarrc]

Nice beard bro

[@samwh.9611]

You look like a character from the Walking Dead - totally doomsday prepped! Love it!

[@samwh.9611]

On another note what a great coherent video

[@bernieadams4057]

i guess covid lockdown do make some people more handsome...

[@darkstallion8438]

the long hair is 🔥🔥

[@Charles50Kal]

You ever seen Tarzan the animated film? You look like Tarzan's dad

[@marcuscleaver]

haha I wish I did!

[@parisallen2620]

Can you do a video on the c’est que vie act 1666

[@josephpatese9941]

please do IP law in gumroad thingy pls

[@samantaandersone8758]

Can you do company law?

[@marcuscleaver]

No, sorry :(

[@phoebethomas3027]

Can a person sue for breach of contract if a person revokes an offer before acceptance?

[@TheresaRocheactress]

A contract is formed on ACCEPTANCE so my answer would be no as there is no contract and thus there is no breach. I am sure Marcus will correct me if I am wrong though so we should await his response.

[@phoebethomas3027]

@@TheresaRocheactress I think ur right

[@phoebethomas3027]

@@TheresaRocheactress Hey, I wanted to ask you know with contracts do both parties need to receive things or can only one party receive a thing. For example, I entered a contract with someone to save money for a person and that person does nothing in return. Is that contract still valid or do both parties need to be getting something.

[@TheresaRocheactress]

@@phoebethomas3027 Not sure I understand the scenario you have described. Think it best you get proper advice.

[@phoebethomas3027]

@@TheresaRocheactress hi sorry let me rephrase. Can a contract be valid if only party is getting something out the contract.

[@faizanchanda6961]

Professor of money heist and u are same😃

[@mughalmirza6413]

Are you a lawyer?

[@roshiniwijesinghe3683]

Omg you look so different.

[@v3nus894]

didn’t even recognise him

[@jommiiee]

You grew a beard 😭nooo