Warranties

Pretty much all contracts will contain warranties, we are often asked exactly what does this mean. Â

Warranties are considered as minor terms of an agreement and in general the contract will still continue following a breach of these warranties. It is therefore obvious that the a warranty will not go to the root of a contract. Â

The warranties will deal with obligations that are secondary to the main purpose of the contract and any claim for breach of the warranties will be one for damages. Â

A good example of how warranties work is in the case of Bettini v Gye (1876) 1 QBD 183. In this case a singer was contracted to make a series of performances as part of the contract 6 days of rehearsals were scheduled. However the singer missed the first three days and when turning up on the fourth was informed that he had been replaced. Accordingly the singer sued for for breach of contract. The court held that the requirement was secondary (ancillary) to the main purpose of the contract i.e. appearing at the actual performances and thus they were entitled only to damages and not to end the contract.

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