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2. Terms, whether expressly agreed upon by the parties or implied by the courts generally fall into two categories, conditions and warranties, each of these holds a varying degree of importance within the basis of a contract. A condition is a major term in a contract, one which is regarded as embodying the root of the contract and a warranty is a minor term or promise, one which is regarded as ancillary to the main body of the contract. When a condition is beached it constitutes a fundamental breach of the contract and entitles the injured party to claim for damages and also to treat the contract as terminated1; however, breach of a warranty is remediable only by an action for damages, subject to any contrary provision in a contract.2 When demonstrating the fundamental distinction between a condition and a warranty it is preferable to contrast two cases with comparable facts....

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