| Condition | Warranty |
| · This is a major term of a contract or a term of major stipulation. | · Is a minor term of a contract or a term of minor stipulation. |
| · It runs to the root of the contract. | · It is a collateral or peripheral term of the contract. |
| · It is part of the central theme of the contract. | · It does not ran to the root of the contract. |
| · If breached it entitles the innocent party to treat the contract as repudiated and sue in damages for the breach. As was the case in Poussard V. Spiers and Pond where it was held that the singers non appearance from the beginning of the season amounted to a breach of a condition and the organizers were entitled to treat the
contract as repudiated. |
· If breached, it entitles the innocent party to an action in damages but the contract remains enforceable. The party is therefore bound to honour its part. In Bettini V. Gye it was held that the term
broken was a warranty. |
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