Bentsen v Taylor, Sons & Co (1893) 2 QB 274
The formula for deciding whether a stipulation is a condition or a warranty is well recognised however it is rather more difficult to apply.
In this case Bowen LJ stated that:
"There is no way of deciding that question except by looking at the contract in the light of the surrounding circumstances, and then making up one’s mind whether the intention of the parties, as gathered from the instrument itself, will best be carried out by treating the promise as a warrant sounding only in damages, or as a condition precedent by the failure to perform which the other party is relieved of his liability.’
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