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2.Breach of a condition can signify the end of the contract, while breach of warranty does not. Should courts be allowed to exercise discretionary power

2.Breach of a condition can signify the end of the contract, while breach of warranty does not. Should courts be allowed to exercise discretionary power in determining whether an innominate term should have this same result? What should parties do if they want to reduce the uncertainty as to how a given term will be classified?

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