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The court held that p was in breach of warranty and

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The court held that P was in breach of warranty and therefore D was not entitled to end the contract. 3) Given the facts of the above cases are similar, explain in your own words why the court reached a different conclusion in each. The circumstances were different in how it affected the contract. In P v S, the singer was unable to attend the first 4 opening nights, which is a big hit to the critical reviews and reputation of the opera show. In B v G, the singer only missed a few rehearsals for being ill, there were no irreparable repercussions. 4) What is an ‘intermediate’ or ‘innominate’ term? Intermediate or innominate terms area more recent creation of the courts. They are a hybrid term, sometimes treated as conditions and at other times as warranties 5) In which case was the concept of ‘intermediate’ or ‘innominate’ terms created? O O Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd [1962] QB 26 O A ship was chartered to the defendants for a 2 year period. The agreement included a term that the ship would be O seaworthy throughout the period of hire. The problems developed with the engine of the ship and the engine crew O were incompetent. Consequently the ship was out of service for a 5
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week period and then a further 15 week O period. The defendants treated this as a breach of condition and ended the contract. The claimants brought an O action for wrongful repudiation arguing the term relating to seaworthiness was not a condition of the contract. Complete the table below: Type of Term Definition Condition - Innocent party entitled to rescind the contract and/or claim damages Warranty - Innocent party entitled to damages only. Intermediate - Innocent party entitled to damages or rescission and damages, depending on the severity of the consequences of the breach Exercise 7.3 Parol Evidence Rule (Read Parker & Box, p 142-144). 1) Explain the Parol Evidence Rule in your own words. Where a contract is written and appears to be complete, verbal evidence that would add to, vary or contradict the written contract in any way, will not be permitted by the Court. Courts presume that the written contract contains all of the terms that the parties have agreed upon. 2) Do you think there are good reasons for the existence of the rule, and if so, what are the reasons? Contracts are normally prepared by lawyers, so great care is taken to include all relevant terms. If the Court allowed evidence that would add to, vary or contradict the written contract, there would be no point having a written contract in the first place. 2) By reference to the table below, state the 6 exceptions to the rule. Cite cases where relevant in your answer. Custom or Trade usage - British Crane Hire Corp. Ltd v Ipswich Plant Hire Ltd [1974] 2 WLR 856
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Verbal condition precedent - Pym v Campbell (1856) 119 ER 903 Contract is partly written and partly oral - Van Den Esschert v Chappell [1960] WAR 114 Terms are ambiguous Mistakes in contract Identity of parties is unclear Exercise 7.4 Collateral Contract 1) Define a collateral contract (Parker & Box, p 146). Is it separate from the main
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