ABSTRACT
The basic legal rule is that a breach of 'condition' by one party allows the other to terminate. So, to summarize the position reached so far in this chapter promises which make it into the contract might be conditions, warranties or innominate terms. Before turning to further issues surrounding breach namely, 'persistent breach' and considering any right to remedy breaches, this chapter makes a distinction between breach of obligations and non-performance of the contract. Promises which make it into the contract might be conditions, warranties or innominate terms. The parties might agree on classification, or there might be industry-standard treatments but, otherwise, it is up to the courts to decide the issue. The chapter also exemplifies the concept of no breach of warranty or condition or intermediate term, simply a straightforward non-performance.
