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Legal Terms - Condition
n. 1. A major term of a contract. It is sometimes characterised as a term that forms the basis of a contract or is fundamental to it; it is distinguished from a warranty, which is a minor term. While a breach of warranty can only be addressed by a damages action, subject to any contrary clause in a contract, a breach of condition is considered a fundamental break of the contract and gives the aggrieved party the right to treat it as discharged.A warranty or a condition could have a *implied term or a *express term. The courts do not consider the fact that an express provision is labeled as a condition or a warranty just because it is included in the contract (L Schuler AG v Wickman Machine Tools Sales Ltd [1974] AC 235 (HL)).
2. A clause that does not constitute a part of the contract but instead serves as a means of either ending the agreement under specific conditions (a condition subsequent) or suspending it until a predetermined event has occurred (a condition antecedent). This is a prior condition, whereby X agrees to purchase Y's car if it passes its MOT test. A condition in a condition of a contract for the sale of goods is the buyer's right to return the products if they are not satisfied.
n. 1. A major term of a contract. It is sometimes characterised as a term that forms the basis of a contract or is fundamental to it; it is distinguished from a warranty, which is a minor term. While a breach of warranty can only be addressed by a damages action, subject to any contrary clause in a contract, a breach of condition is considered a fundamental break of the contract and gives the aggrieved party the right to treat it as discharged.A warranty or a condition could have a *implied term or a *express term. The courts do not consider the fact that an express provision is labeled as a condition or a warranty just because it is included in the contract (L Schuler AG v Wickman Machine Tools Sales Ltd [1974] AC 235 (HL)).
2. A clause that does not constitute a part of the contract but instead serves as a means of either ending the agreement under specific conditions (a condition subsequent) or suspending it until a predetermined event has occurred (a condition antecedent). This is a prior condition, whereby X agrees to purchase Y's car if it passes its MOT test. A condition in a condition of a contract for the sale of goods is the buyer's right to return the products if they are not satisfied.
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