This is a term of major stipulation of a contract. It runs to the root of the contract and is part of the central theme of the contract. If broken, the innocent party is entitled to repudiate the contract and sue in damages.
In Poussand V. Spiers and Pond An Actress was engaged to play a leading role in a French Opera from beginning of the season. Owing to ill health she was unable to take up her role until a week after the season had started. The organizers were compelled to engage a substitute and declined the services of the actress and she sued. It was held that her promise to perform from the first night was a condition and its breach entitled the organizers to treat the contract as repudiated. A condition may be express or implied.
This is a term of minor stipulation of a contract. It is a peripheral or collateral term. It is not part of the central theme of a contract. If broken, the innocent party is entitled to sue for damages but the contract remains enforceable hence the party must perform its obligation and other shows.
In Bettini V. Gye, a singer was engaged for the whole season to perform in concerts and theatre. She additionally agreed to appear for rehearsals for six days in advance but appeared for only three days. It was held that her promise to appear for rehearsals was collateral to the main engagement.
A similar holding was made in Kampala General Agency V. Modys (EA) Ltd. A warranty may be express or implied.