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


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

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.