performance obligations of the parties as discharged. In other cases, the parties may have agreed in advance that certain obligations are so important that non-fulfilment would be fatal and there may be provision in the contract allowing for withdrawal in such circumstances. However, as a general rule, the right to treat one’s performance obligations as being at an end is regarded as an exceptional remedy as the traditional common law approach is that an award of damages should most frequently be regarded as an adequate remedy. But this begs the question when is an award of damages to be regarded as an inadequate remedy? The range of tests used to distinguish a breach of condition from a breach of warranty is broad. To start with, there is a statutory definition of a warranty for the purposes of sale of goods contracts, but this provides little help, stating no more than the consequences of a term being a condition or a warranty: Sale of Goods Act 1979

DOI link for performance obligations of the parties as discharged. In other cases, the parties may have agreed in advance that certain obligations are so important that non-fulfilment would be fatal and there may be provision in the contract allowing for withdrawal in such circumstances. However, as a general rule, the right to treat one’s performance obligations as being at an end is regarded as an exceptional remedy as the traditional common law approach is that an award of damages should most frequently be regarded as an adequate remedy. But this begs the question when is an award of damages to be regarded as an inadequate remedy? The range of tests used to distinguish a breach of condition from a breach of warranty is broad. To start with, there is a statutory definition of a warranty for the purposes of sale of goods contracts, but this provides little help, stating no more than the consequences of a term being a condition or a warranty: Sale of Goods Act 1979

performance obligations of the parties as discharged. In other cases, the parties may have agreed in advance that certain obligations are so important that non-fulfilment would be fatal and there may be provision in the contract allowing for withdrawal in such circumstances. However, as a general rule, the right to treat one’s performance obligations as being at an end is regarded as an exceptional remedy as the traditional common law approach is that an award of damages should most frequently be regarded as an adequate remedy. But this begs the question when is an award of damages to be regarded as an inadequate remedy? The range of tests used to distinguish a breach of condition from a breach of warranty is broad. To start with, there is a statutory definition of a warranty for the purposes of sale of goods contracts, but this provides little help, stating no more than the consequences of a term being a condition or a warranty: Sale of Goods Act 1979