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Barry Problem This problem is related to express terms. These are terms which the parties write down or agree to orally. The terms within a contract have been sub-divided into conditions which is a major term and warranties which are a minor term. Conditions are vital terms of the contract which, if broken, entitles the injured party to repudiate the contract. It was defined by Lord Justice Fletcher Moulton in Wallis v Pratt as 'An obligation which goes directly to the substance of the contract that its non-performance may fairly be considered by the other party as a substantial failure to perform the contract at all'. Warranties are a subsidiary term of the contract and give rise to an action in damages only. It was defined in Wallis v Pratt as 'An obligation which, though it must be performed, does not go to the root of the contract.' Whether a term...

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