Ratio Decidendi
A term that does not go to the root of the contract is a warranty. Breach of a warranty entitles the innocent party to damages but not termination.
Ffeithiau
A singer was engaged for a season of concerts, with a requirement to attend six days of rehearsals before the season. He arrived three days late for rehearsals due to illness. The producers terminated his engagement.
Crynodeb o'r dyfarniad
The court held that attendance at rehearsals was a subsidiary obligation — a warranty — not a condition going to the root of the contract. The producers were not entitled to terminate for this breach; they could only claim damages.
Dyfyniadau allweddol
"We think the answer to that question depends on whether this engagement to be in London six days before is a condition precedent to the defendant's liability, or only an independent agreement."
— Blackburn J
Triniaeth ddilynol
Paired with Poussard v Spiers as the classic illustration of the condition/warranty distinction.