(a)  Terms in a contract are ‘conditions’ if, in the opinion of the court, the losses caused by the breach are immediate losses rather than consequential losses.

(b)  Terms in a contract are ‘conditions’ if the court is of the opinion that the breach deprives the non-defaulting party of the substantial performance.

(c)   Terms in a contract are ‘conditions’ if the court can infer from the circumstances that the non-defaulting party would obviously not have entered the contract without that term.