ABSTRACT
So, nowadays, a contractual promise tends to be categorised as a
condition only where precisely the same term has been categorised as
such by previous judicial decision (certain clauses in shipping contracts
fall into this category – see, for example, The Mihalis Angelos [1971] 1
QB 164), where statute designates it as a condition (like the term
implied by the Sale of Goods Act that goods sold by description
correspond with their description – see Arcos Ltd v Ronaasen (EA) &
Sons Ltd [1933] AC 470), or where the parties themselves intend this
categorisation to apply to the promise.
