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First Principles of Business Law |
| The contents of a contract |
| 2. Terms, opinions, puffery, and representations distinguished |
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2.3. Classifying terms as conditions or warranties |
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Read the facts and the question and then choose the best answer. On Monday, A goes into B's computer store and examines several different computers before selecting the one he wants. B says that it is essential that the price ($2,000) is paid in full before A takes delivery. B also promises the computer will be ready for B to collect after lunch the next day. Are the agreed terms in this contract regarding (1) the payment and (2) the delivery equally important? |
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(a) Yes, both of these terms are equally important. (b) No. The term requiring payment on delivery is more important than the term promising delivery the following afternoon. (c) No. The term requiring delivery the following afternoon is more important than the term requiring payment on delivery. |
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