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Why Was the Plaintiff Successful in the Case of Hong

Question 1

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Why was the plaintiff successful in the case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26?


A) The term was an innominate term,and the breach was not serious enough to entitle the other party to repudiate.
B) The term which had been breached was a warranty because it was subsidiary to the main purpose of the contract.
C) The term which had been breached was a condition because the breach had a serious effect on the contract.
D) The term which had been breached was a condition because the term was essential to the contract and the other party would not have entered into the contract without it.

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