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I’m struggling to understand the difference between a breach of condition and a breach of warranty.
I understand that under both breaches, a claim for damages can be made, and a condition has the right to repudiate the contract, but what does that actually mean?
Per Poussard V. Spiers, an opera singer absent and the opera company is entitled to claim damages and per Bettini V. Gye failure to attend rehersals and opera company entitled to claim damages, so what’s the difference? Which part is the repudiation?
Thanks
Hi Jackbauer,
As per Kaplan textbook:
“a condition is an important term going to the root of the contract. Breach can result in:
– damages, or
– discharge
– or both
Discharge entitles the innocent party to repudiate the contract AND claim damages.
In Poussard v Spiers & Pond, where an opera singer failed to appear on the opening night, this was a breach of condition, which entitled the injuured party to treat the contract as ended.A warraty is a less important term, which is incidental to the main purpose of the contract.
Breach of warranty results in damages only.
In Bettini v Gye, where an opera singer failed to attend rehearsals, this was a breach of warranty. The injured party could NOT treat the contract as ended. They were entitled to damages only.”Hope this clarifies it.
All the best,
Alua
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