Problem
'Whilst there is much to be said in favour of removing the rigidity of the condition/warranty classification, the current uncertainty presents a difficulty for the non-breaching party, who has to decide what action to take and whether to treat the breach as repudiatory.'
- Jill Poole Textbook on Contract Law 13th Edition p311
Explain and discuss the above statement with reference to decided cases and relevant statutory provisions.
Do you think the current law has struck an appropriate balance between certainty and flexibility in commercial contracts?
Remember with essay questions you need to 'unpick' the quotation by identifying key words and phrases to which you can link your answers to the specific questions (set out in bold). Please answer the following questions:
a) What key words and phrases in the quotation would you discuss in your essay?
b) Identify what principles of law and authorities (case law and statutory provisions) you would include in your answer and be prepared to explain why.
c) Do you think the current law has struck an appropriate balance between certainty and flexibility in commercial contracts?