A warranty is a term of lesser importance without which the contract as a whole could still function: Bettini y Gye. A breach of a warranty only entitles the innocent party to claim damages for the breach. Step 3: Step 4: Whether a statement was promissory in nature The time that the representation was made relative to the making of the contract The importance of the representation Whether the person making the statement has any skill or knowledge Whether the representation was followed by a written contract: Handbury v Nolan - Cow Auction Case 0 Auctioneer offered a cow for sale at an auction - Before the sale, the auctioneer announced that the pregnancy test had been done and that result was positive - The buyer bid $3200 to buy the cow - However, the cow was not pregnant [was infertile) 0 Decided it was a term, was allowed to terminate contract, return cow and get his money back. Apply step 2 on case scenario The statement made by Monica appears to be important to Lindsay, the stamen appears to be promissory in nature and its is made immediately prior to the conclusion 0d the contract. It is also something that only Monica could know. On that basis the most likely answer is that the statements is a term of the contract and Lindsay can sire for breach of the contract. Conclusion