13 terms

Termination for breach

The Seaflower
Set out the guidelines for deciding condition v innominate term:
1) Statute
2) Common law
3) Provided for by the contract
4) Implied from the contract
Bunge Corp
Notice of readiness to load in an international shipping contract is a condition
The Mihaelis Angelos
Took into account the leading test on charter parties to decide the term was a condition
Union Eagle
"Time is of the essence" is a condition
Schuler v Wickman
The language used by the parties is given effect unless it is contradictory to the rest of the contract
That the term is a condition can be implied from the consequences of its breach
The Mihaelis Angelos
That a term is a condition can be inferred from the rest of the contract
Hare v Nicholl
The commercial context is account when deciding if the term is a condition
Hong Kong Fir
If the term can be breached in more than one way, it is likely to be an innominate term
Hansa Nord
The conduct of the parties can imply that a term is a condition
Hong Kong Fir
Breach of an innominate term has to deprive the party of substantially the whole benefit to afford termination
Aerial Advertising
A serious drop in sales was enough to afford breach of the innominate term
Alan Auld
Repeated small breaches can add up to a sufficiently serious breach