- published: 24 Feb 2012
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A contractual term is "Any provision forming part of a contract" Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
Conditions are terms that go to the very root of a contract. Breach of these terms repudiates the contract, allowing the other party to discharge the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty 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's obligation to perform the opening night of a theatrical production is a condition, whereas a singer's obligation to perform during the first three days of rehearsal is a warranty.
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 provides that terms as to title, description, quality, and sample (as described in the Act) are conditions save in certain defined circumstances.
The 100: A Ranking of the Most Influential Persons in History is a 1978 book by Michael H. Hart, reprinted in 1992 with revisions. It is a ranking of the 100 people who, according to Hart, most influenced human history.
The first person on Hart's list is the Prophet of Islam Muhammad. Hart asserted that Muhammad was "supremely successful" in both the religious and secular realms. He also believed that Muhammad's role in the development of Islam was far more influential than Jesus' collaboration in the development of Christianity. He attributes the development of Christianity to St. Paul, who played a pivotal role in its dissemination."
The 1992 revisions included the demotion of figures associated with Communism, such as Vladimir Lenin and Mao Zedong, and the introduction of Mikhail Gorbachev. Hart took sides in the Shakespearean authorship issue and substituted Edward de Vere, 17th Earl of Oxford for William Shakespeare. Hart also substituted Niels Bohr and Henri Becquerel with Ernest Rutherford, thus correcting an error in the first edition. Henry Ford was also promoted from the "Honorary Mentions" list, replacing Pablo Picasso. Finally, some of the rankings were re-ordered, although no one listed in the top ten changed position.