What is the test for a warranty or condition precedent?
Alberta, Canada
The following excerpt is from Baker v. Warshawski, 2010 ABQB 219 (CanLII):
It is not clear from this contract itself and the surrounding commercial circumstances whether the intention of the parties would best be carried out by treating the promise as a warranty or a condition precedent (the test set out in Bentsen v. Taylor), and the basis for seeking out that intention is best determined by the principles set out in Hong Kong Fir.
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