Terms & Conditions and Disclaimers
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A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally-recognized relationship. In contrast to other terms for legally operative language, the term "disclaimer" usually implies situations that involve some level of uncertainty, waiver, or risk. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.
A term is similar to a representation, but the truth of the statement is guaranteed by the person who made the statement therefore giving rise to a contractual obligation. For the purposes of Breach of Contract a term may further be categories as a condition, warranty or innominate term.
Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract. A warranty is not so imperative so the contract will subsist after a breach. Breach of either will give rise to damages.
It is an objective matter of fact whether a term goes to the root of a contract. By way of illustration, an actress' obligation to perform the opening night of a theatrical production is a condition,[3] whereas a singers obligation to perform during the first three days of rehearsal is a warranty[4].
Statute may also declare a term or nature of term to be a condition or warranty; for example the Sale of Goods Act 1979 s15A[5] provides that terms as to title, description, quality and sample (as described in the Act) are conditions save in certain defined circumstances.
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Indemnity (on 1 sites)
Disclaimer of Warranty (on 1 sites)
Limitation of Liability (on 1 sites)
References
Nov 13 2008 Washington, DC