condition - contract

A vital term that goes to the root or heart of the contract. Upon its breach the contract is voidable at the discretion of the innocent party. For example, in Associated Newspapers v Bancks (1951) 83CLR322 a condition of the contract was that A would publish Ginger Meggs on the front page of the Sunday comics. When A published Ginger on page 3 for 3 Sundays in a row B sued A for breach of a condition in the contract. The High Court held that B was justified in repudiating the whole contract as A had breached a vital term or condition.


breach of contract