ABSTRACT

The terms found within a contract are clearly not all of the same importance. For example, in the purchase of a car, if it is found after the sale that a wing-mirror, which was to have been included in the sale, is missing, then the person selling the car is in breach of a term. However, the term is not a major one, and no doubt if the seller were to offer the money to buy a new wing-mirror that arrangement would probably be quite acceptable. On the other hand, if on completing the transaction, the buyer went to drive away the car and discovered that the engine did not work at all, then a far more serious term would be in breach. Money to replace the engine would probably not be satisfactory in this case, and the buyer would probably want to repudiate (or end) the contract altogether.