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Chapter 2

Warranties

A warranty is a less important term, which is incidental to the main
purpose of the contract.

Breach of warranty results in damages only.

Illustration 21 – Warranties

BETTINI v GYE 1876

Facts:

A tenor, Bettini, who agreed to sing in a series of concerts and to attend six days
of rehearsals beforehand failed to appear for the first four rehearsal days. Gye in
consequence refused Bettini's services for the balance for the rehearsals and
performances.

Held:

The obligation to appear for rehearsals was a warranty and therefore Bettini's
breach did not entitle Gye to treat the contract as at an end. Gye was accordingly
in breach of contract when he refused Bettini's services for the remainder of the
contract.

Innominate terms

An innominate term is neither a condition nor a warranty.

The remedy depends on the effect of the breach:

 if trivial – damages only i.e. term is treated as if it were a warranty.

 If serious – damages, discharge or both i.e. term is treated as if it were a
condition.

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