The different types of terms that can be included in a contract, depending on their importance and impact on the agreement.
Contract Law Overview: An introduction to the main concepts of contract law, including the fundamental principles of offer and acceptance, consideration, and intention to create legal relations.
Conditions, Warranties, and Innominate Terms Defined: A detailed explanation of the different types of terms that may be present in a contract, including conditions, warranties, and innominate terms.
Express and Implied Terms: An analysis of the differences between express and implied terms in a contract, and how they can affect the nature and enforceability of the agreement.
Breach of Contract: An examination of the legal consequences that may arise when a party fails to perform their obligations under a contract, including the remedies available to the innocent party.
Termination and Rescission: A study of the various ways in which a contract may come to an end, including through termination, rescission, or repudiation.
Exemption and Limitation Clauses: An exploration of the ways in which contract law allows parties to limit and exclude their liability for breach of contract through the use of exemption and limitation clauses.
Fundamental Breach: An explanation of the concept of fundamental breach, and how it may affect the enforceability of certain clauses in a contract.
Frustration of Contract: A discussion of the legal doctrine of frustration, which may apply in situations where a contract becomes impossible to perform due to unforeseeable events outside the control of the parties.
Unfair Contract Terms: An overview of the Unfair Contract Terms Act, which aims to protect consumers from unfair contract terms and provides for the possibility of certain terms being deemed unenforceable.
Third-Party Rights: An exploration of the legal principles surrounding third-party rights in contract law, including the difference between rights that arise by operation of law and those that are contractually conferred.
Express conditions: Terms set in writing that must be satisfied to fulfill the contract.
Implied conditions: Terms that are not explicitly stated but are necessary for the contract to be valid.
Condition precedent: A condition that must be met before the contract can be executed.
Condition subsequent: A condition that can end the contract if it is not met.
Essential conditions: Fundamental terms needed to create the contract.
Express warranties: Explicit promises made by one party to the other.
Implied warranties: Guarantees that arise by operation of law and not by explicit agreement between the parties.
Condition warranties: Guarantees that a certain obligation will be met within a specific time-frame.
Warranty of merchantability: A guarantee that goods sold will be fit for their intended purpose.
Terms of intermediate importance: Not fundamental to the agreement, but their breach has a significant impact on the contract.
Determinable terms: Terms that are unclear and are subject to interpretation by the court based on the intent of the parties involved.
Innominate terms of warranty: Terms that can act as either a warranty or a condition based on the circumstances of the contract.