First Principles of Business Law
Case study: The glass jars

Question 3.

 

 

Assuming what Ben said about the percentage content of recycled glass did become an express term of the contract, is this term likely to be treated by a court as a condition or a warranty?

 (a) Taking account of the known facts and the relevant case law, the term about the recycled glass is likely to be treated as a condition of the contract.

(b) Taking account of the known facts and the relevant case law, the term about the recycled glass is likely to be treated as a warranty rather than a condition.

(c) Taking account of the known facts and the relevant case law, it is not possible to say whether the term would be treated as either a condition or warranty, and it would have to be treated as innominate.

 

 

 

 

 

 

 

 

  

 

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