2,553
edits
Difference between revisions of "Contracts Overview"
From Clicklaw Wikibooks
no edit summary
| Line 72: | Line 72: | ||
==== Contract conditions==== | ==== Contract conditions==== | ||
The words '''conditions''' and '''terms''' are often used interchangeably to refer to parts of a contract, but there is an important difference in their meaning. A '''condition''' is an essential term in a contract, a term that is so important that without it one or other of the parties would not enter into the contract. Sometimes the law (for example, the [http://canlii.ca/t/84c2 Sale of Goods Act]) implies which terms are contract conditions. More likely, the contract is silent on categorizing terms in this manner. | The words '''conditions''' and '''terms''' are often used interchangeably to refer to parts of a contract, but there is an important difference in their meaning. A '''condition''' is an essential term in a contract, a term that is so important that without it one or other of the parties would not enter into the contract. Sometimes the law (for example, the ''[http://canlii.ca/t/84c2 Sale of Goods Act])'' implies which terms are contract conditions. More likely, the contract is silent on categorizing terms in this manner. | ||
This distinction can be important when there is a breach of a contract. There are different remedies for breaches of contract conditions than for other types of contract terms (such as contract warranties, discussed below). This is explained in the section on [[Contract Remedies]]. | This distinction can be important when there is a breach of a contract. There are different remedies for breaches of contract conditions than for other types of contract terms (such as contract warranties, discussed below). This is explained in the section on [[Contract Remedies]]. | ||
