breach of condition &warranty 's definition/example.

Question

Please, I need someone to help me. breach of condition同埋 breach of warranty既 definition and example ,Thank you so much!!

Answer 1

Conditions tend to be vital terms of he contract which go to the root of the contract.
Coniditions impose obligations into the contract which, if breached, entitle the injured party to claim a total failure of the contract and to repudiate that contract.
如果要case的話
poussard v spiers & Pond (1876)
那case內容如下
Am actress was employed to play the lead in a play, but did not in fact start her role until one week after the play was due to open. The court held that the promise to perform from the scheduled opening of the play was a condition of the contract and the theatre was entitled to repudiate the contract.

warrantly(保證條約)的case
Bettini v Gye (1876)

A singer was employed to sing at a series of concerts and was to attend for six days in advance of each concert to reherase. He in fact came to reherarsals only three days in advance and the employer wished to terminate the contract. The court held that the reherasal was ancillary yo the main part of the contract and thus was not a condition but a warrantly. The breach of warranty only entitled the injured party to claim for damages.

定義
A warranty is a less vital term of a contract which is merely collateral to the main rerms.

2007-02-09 21:14:11 補充：
可能有字打錯因為由The hong kong association of accounting terchnicaiand limited 的business law打ge