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Schuler v Wickman Tools [1974] AC 235 House of Lords

Schuler were manufacturers of certain tools and Wickman were a sales company granted the sole right to sell certain tools manufactured by Schuler. A term of the contract between the parties was described in the contract as being a condition and provided that Wickman would send a sales person to each named company once a week to solicit sales. This imposed an obligation to make 1,400 visits in total. Wickman failed to make some of the visits and Schuler terminated the contract for breach of condition.

Held:

Despite the fact the contract had expressly stated the term was a condition, the House of Lords held that it was only a warranty.