Breach of condition : Traditionally, English law distinguishes between conditions and warranties as the two major varieties of contractual term. However, recent years have seen the development of the innominate terms doctrine, under which the courts are prepared to look more closely at the nature and effect of a breach of contract in an ex post facto consideration of the seriousness of the breach of contract in

doi:10.4324/9781843141518-215

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ABSTRACT

Traditionally, English law distinguishes between conditions and warranties as the two major varieties of contractual term. However, recent years have seen the development of the innominate terms doctrine, under which the courts are prepared to look more closely at the nature and effect of a breach of contract in an ex post facto consideration of the seriousness of the breach of contract in the face of the objectives of the parties when the contract was entered into.