Plaintiff lent a computer to Defendant on a hire-purchase basis, stating that timely payment was to be a condition.
Defendant narrowly failed to make the payments and Plaintiff repossessed the computer and resold it.
The CA upheld Plaintiff’s termination because the breach was of a condition.
This shows the danger of letting the parties decide what should be a condition and what a warranty, since the more powerful party can simply make every small term a condition.
Bad decision since Schuler shows that this is not necessary. On the hand time might have been v important to Plaintiff genuinely…
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Shipping and International Trade | Discharge By Breach Notes (32 pages) |