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Consequences/importance of the distinction The importance of the distinction is the remedies potentially available on breach: ● condition → damages or discharge or both Poussard v Spiers (opera singer – obligation to attend performances a condition. Therefore impresario had right to sack soprano for not turning up on opening night (and he could claim damages if he had wanted)). ● warranty → damages only Bettini v Gye (opera singer – obligation to attend rehearsals a warranty. Therefore when impresario sacked tenor for not turning up to rehearsals the impresario was in breach of contract: his only remedy for the tenor’s breach was damages).

What are the remedies of the injured party? Who can sue, and be sued, for breach? org CHAPTER 4 – LAW OF CONTRACT: BREACH CHAPTER 4 CONTENTS WHAT IS A BREACH OF CONTRACT? org 53 CHAPTER 4 – LAW OF CONTRACT: BREACH WHAT IS A BREACH OF CONTRACT? Definition A party is in breach of contract if, without lawful excuse, he fails to do completely and exactly that which he has agreed to do or if he does it defectively. Actual breach and anticipatory breach The difference between actual breach and anticipatory breach lies in the timing of the breach.

The tort of negligence; 2. the tort of passing off. org CHAPTER 5 – LAW OF TORTS TORT OF NEGLIGENCE The 3 essential elements In order to succeed in the tort of negligence the claimant must prove 3 matters: 1. 1. that the defendant owes him a duty of care 2. that the defendant breached his duty of care 3. that as a result the claimant suffered loss which is not too remote. Duty of care This element is looking at who can be sued by the claimant. To whom does a defendant owe a duty of care? Answer: to his neighbour.

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