Hi I would like to ask a question regarding the remedies for breach of contract law.

Ash agrees to buy Stephen's car. She meets Stephen at his

house where she hands over a bank cheque in exchange

for the transfer papers and the keys to the car. When she

gets into the car she discovers that there is no fuel in the

fuel tank. When she asks Stephen about this he explains

that he only agreed to sell her the car, not fuel as well. Has

Stephen breached the contract?

Is it a condition, warranty or innominate term?