Contract law
Condition vs warranty
A condition is a major term of a contract that goes to its root: its breach lets the innocent party terminate the contract and claim damages. A warranty is a minor term: its breach gives a right to damages only, not termination.
Last reviewed 14 June 2026
| Aspect | Condition | Warranty |
|---|---|---|
| Importance | Goes to the root of the contract | Minor or subsidiary term |
| Remedy for breach | Terminate (repudiate) AND claim damages | Damages only |
| Classic case | Poussard v Spiers (singer missed opening night) | Bettini v Gye (singer missed rehearsals) |
| Vs innominate terms | Pre-classified by importance / intention | Pre-classified; cf innominate terms, judged by the breach's effect (Hong Kong Fir) |
Key cases
- Poussard v Spiers & Pond (1876) 1 QBD 410
- Bettini v Gye (1876) 1 QBD 183
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
Frequently asked questions
What is the difference between a condition and a warranty?
Breach of a condition (a major term) lets the innocent party terminate the contract and claim damages; breach of a warranty (a minor term) gives damages only.
How does an innominate term differ from a condition or warranty?
An innominate term is not pre-classified; the remedy depends on how serious the actual breach is (Hong Kong Fir Shipping).
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