Types of Contract Terms and Remedies for Breach of Contract

1
Student Name
Date
Institution

2
Question one
The terms of a contract may fall under the category of conditions, warranties or innominate terms
(Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd., 1961). Therefore, the terms of
the contract can be specifically expressed in the contract or implied by general understanding
among the parties or the terms may also be implied by statute. Each category provides the
remedies for the aggrieved party in case of failure by the other party to fulfill its obligations
under the contract. However, the extent of the remedies available to the aggrieved party may
vary depending on the type of the term of the contract.
There are two types of conditions, express conditions and implied conditions. In case of
expressed conditions, both the parties to the agreement have clearly described and agreed
regarding these conditions (Poussard v Spiers, 1876). If the obligations that have been mentioned
in the express condition are not fulfilled, a breach of contract can be decided and after evaluating
liability, damages may be awarded. Implied conditions are the ones that may be assumed to be
accepted by the parties to the agreement concerning their obligations. Implied conditions may
include conditions that the goods are not damaged, ownership is not in question or that it is not
required that detailed description of the goods, beyond name should be provided (Lombard North
Central v Butterworth, 1987).
In this context, a condition can be essentially described as the basis for the contract. Such a
clause provides for the obligations of each party to the contract (Schuler v Wickman Tools,
1974). In the present case, there is a clause present in the contract between Tossup Radio and
Richard. According to which Richard will not work for any rival radio station during the term of
the contract. Under the circumstances, it can be concluded that Tossup Radio can prevent
Richard from broadcasting his program with the rival radio station, Telfox Radio.