Lombard North Central v Butterworth [1987] QB 527

Plaintiff lent a computer to Defendant on a hire-purchase basis, stating that timely payment was to be a condition.

Defendant narrowly failed to make the payments and Plaintiff repossessed the computer and resold it.

The CA upheld Plaintiff’s termination because the breach was of a condition.  

• This shows the danger of letting the parties decide what should be a condition and what a warranty, since the more powerful party can simply make every small term a condition.

• Bad decision since Schuler shows that this is not necessary. On the hand time might have been v important to Plaintiff genuinely…