Ansons law on contract

Chapter 5
(i)Promissory condition

A condition may be defined as a promise, as to fact or as to future conduct, which form an

essential term of the contract.1 If the fact proves untrue, or the promise is not fulfilled the breach
may be treated as repudiation which entitles the innocent party to be discharged form further
performance of the contract.(pg 140)

The idea which underlies the use of the word condition in Glaholm v Hays is that the term is so
vitalto the operation of the contract that its fulfillment by one party is a condition precedent to
liability on the part of the other. But a condition also means an essential undertaking in the
contract which one party promises will be made good. If it is not made good, not only will the
other party be entitoled to treat itself as discharged, but also to sue for damages for breach.(pg
141)

Warranties

A warranty has been said to be an agreement which refers to the subject matter of a contract,
but, not being an essential part of the contract either intrinsically or by agreement, is collateral to
the main purpose of such contract.2 (pg 143)

A term has been specifically designated a warranty by statute,3 or the parties

1
2
Dawsons Ltd v Bonnin [1922] 2 AC 413, 422 (Lord Haldane)
3