Condition and warranty

Both conditions and warranties are terms in a contract.
Condition is necessary for a clear understanding of the contract. it may either be written or oral. Breaching the contract therefore means the contract may be discharged.
Warranty mainly focuses on the collateral aspect of an agreement.it is therefore not very important in affecting the discharge of a contract.Warranty means the affected party will only be liable to receive some form of compensation, as opposed to terminating the contract.

Poussard v Spiers is an example of terms of condition which was breached. madamme Poussard was to perform Spiers and Pond's French opera at the Criterion Theatre, where the letter of engagement. The letter of engagement read as follows;

“Criterion Theatre, Oct. 16th, 1874. “To Madame Poussard. “On behalf of Messrs. Spiers & Pond I engage you to sing and play at the Criterion Theatre on the following terms:— “You to play the part of Friquette in Lecocq's opera of Les Pres Saint Gervais, commencing on or about the fourteenth of November next, at a weekly salary of eleven pounds (11l.), and to continue on at that sum for a period of three months, providing the opera shall run for that period. Then, at the expiration of the said three months, I shall be at liberty to re-engage you at my option, on terms then to be arranged, and not to exceed fourteen pounds per week for another period of three months. Dresses and tights requisite for the part to be provided by the management, and the engagement to be subject to the ordinary rules and regulations of the theatre. “Ratified: … “E. P. Hingston, Manager. “Spiers & Pond. “Madame Poussard, 46, Gunter Grove, Chelsea.”

Unfortunately Madame Poussard was taken ill just before rehearsals were finished and she could learn all her music, and the show was also delayed by the organisers. someone was brought in to replace her (Miss Lewis) and they then wanted her to replace Madame Poussard, and Mr Poussard claimed for wrongful dismissal on his wife's behalf since Madame Poussard was eventually able to return to work.

The jury found that the plaintiff did not withdraw from the contract

There was no substantial conflict as to what was in fact done by Mrs. Liston, who was the stage manager. Upon learning, on the 25th of November, the possibility that Madame Poussard might be prevented by illness from fulfilling her engagement, she sent to a theatrical agent to inquire what artistes of position were disengaged, and learning that Miss Lewis had no engagement till the 25th of December, she made a provisional arrangement with her, by which Miss Lewis undertook to study the part and be ready on Saturday to take the part, in case Madame Poussard was not then recovered so far as to be ready to perform.