The court was asked as to the test of the difference between a contractual condition and a warranty. Bowen LJ said: ‘There is no way of deciding that question except by looking at the contract in the light of the surrounding circumstances and then making up one’s mind whether the intention of the parties, as gathered from the instrument itself, will best be carried out by treating the promise as a warranty sounding only in damages or as a condition precedent by the failure to perform which the other party is relieved of his liability’.
Judges:
Bowen LJ
Citations:
[1893] 2 QB 281
Cited by:
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 12 April 2022; Ref: scu.266196