A 'condition' is a term of the contract that is of fundamental importance. Breach of such a term gives the aggrieved party the right to terminate the contract and to claim damages.

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A 'Condition' Is

Question 34

Multiple Choice

A 'condition' is:

A) a term of the contract that is of fundamental importance.
B) a term of the contract of lesser importance, in the absence of which the party favoured by the term would have entered into the contract anyway.
C) a term of a contract that is not able to be categorised as a fundamental term or as a term of lesser importance, which the court will determine dependant on the seriousness of the breach.
D) an unenforceable term that the court will sever from a contract in the event of a dispute.

Correct Answer: