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Whenever installing software you see "click yes to accept the terms and conditions". What is the actual meaning of a 'term' and 'condition'?

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A term is a condition for which termination of the contract is a redress for breach. A condition that is not a term (i.e. the breach does not allow the aggrieved party to terminate; they can only recover damages) is a warranty. Which is which turns on the facts of each case.

  • Why would something be a condition and not a term? – AlexP Dec 18 '15 at 13:02
  • This could be worded better and include Tramways as an Australian citation. The correct answer should also probably cite UK and US precedent. – lol Jun 27 '16 at 14:19

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