Contractual term

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.

Classification of term

Condition or Warranty

Conditions are terms that go to the very root of a contract. Breach of these terms gives the right to repudiate 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.

Chet Faker

Nicholas James Murphy (born 23 June 1988), better known by his stage name Chet Faker, is an Australian electronica musician. Born in Warrnambool, Victoria, he grew up with 2 brothers (Harrison Murphy, 28) (Jacob Murphy, 25) and Step brother (Luke Mahony, 18) before he moved to the city to pursue his musical career. In 2012 he issued an extended play, Thinking in Textures and signed to Downtown Records in the United States. In October 2012 he won Breakthrough Artist of the Year and Thinking in Textures won Best Independent Single/EP at the Australian Independent Records Awards.

In January 2013 the work won Best Independent Release at the Rolling Stone Australia Awards for 2012. His cover of Blackstreet's "No Diggity" was featured in a 2013 Super Bowl commercial for Beck's Sapphire. In April 2014 Built on Glass, Faker's debut album, was released to generally positive reviews and debuted at number 1 on the Australian ARIA Charts. Three songs from the album were subsequently voted into the top ten of Triple J's Hottest 100 of 2014, including the number one spot for "Talk Is Cheap".

Terms and Conditions May Apply

Terms and Conditions May Apply is a documentary that discusses how corporations and the government utilize the information that users provide when agreeing to browse a website, install an application or purchase goods online. Made in 2013 by Cullen Hoback, it discusses the language used in user-service agreements on the World Wide Web, how they collect information, and the usage of the information.

It criticizes companies such as Facebook, Google, and LinkedIn for having poorly worded and misguiding privacy policies/terms of service, which use user-unfriendly language in long documents that allows them to collect user information and legally provide it to third-party users. The film aims to warn people about the risks of clicking “I Agree” after scrolling through pages of uninviting text.

Mark Zuckerberg appears in the film.

Interviewees

Condition

Condition or conditions may refer to:

In philosophy and logic

In science and technology

In computer science

In medicine

In arts and entertainment

Cullen Hoback

Cullen Hoback is an American filmmaker, film producer and director. He is also an occasional columnist and speaker. His two documentary films to date are Monster Camp and Terms and Conditions May Apply, which were released in 2007 and 2013 respectively. His recent documentary style has been described as non-fiction horror with a comedic tone. He appears on-camera as the central character in Terms and Conditions May Apply. His films have been broadcast and played theatrically around the world.

Following the release of Terms and Conditions May Apply, Hoback has written op-eds for many journals including The Guardian, presented as faculty at The American Bar Association Anti-Trust Conference, and has appeared as a privacy expert on networks and shows including MSNBC, CNN, NPR, Huffington Post, Stossel, The Young Turks and The War Room.

Hoback has been overtly critical of the relationship between corporations and the government, and how they’ve been complicit in the surveillance system. On 25 December 2013, Cullen Hoback and Ondi Timoner released a lengthy conversation about how the surveillance situation has evolved since her film, We Live in Public. In an interview with The Guardian earlier that month in December 2013, Hoback commented that whistleblower Edward Snowden should be granted immunity by the US government.