NOW TV 合約

我裝左NOW TV 睇波，簽左18個月，但我一個月內有三次接收有問題，以致畫面全面，聲音就勁"拆"，要搵師傳上門。
如果你話要取消合約，就要視乎condition/ warranty
claim錢，二者都可以

Conditions tend to be vital terms of he contract which go to the root of the contract.
Coniditions impose obligations into the contract which, if breached, entitle the injured party to claim a total failure of the contract and to repudiate that contract.
如果要case的話
poussard v spiers & Pond (1876)
那case內容如下
Am actress was employed to play the lead in a play, but did not in fact start her role until one week after the play was due to open. The court held that the promise to perform from the scheduled opening of the play was a condition of the contract and the theatre was entitled to repudiate the contract.

定義
A warranty is a less vital term of a contract which is merely collateral to the main rerms.
warrantly(保證條約)的case
Bettini v Gye (1876)

A singer was employed to sing at a series of concerts and was to attend for six days in advance of each concert to reherase. He in fact came to reherarsals only three days in advance and the employer wished to terminate the contract. The court held that the reherasal was ancillary yo the main part of the contract and thus was not a condition but a warrantly. The breach of warranty only entitled the injured party to claim for damages.

咁一個月內有三次接收有問題，以致畫面全面，聲音就勁"拆"，要搵師傳上門
是condition/ warranty?
個人認為，只是warranty的一種

你最多只是claim 錢

因為warranty(好似雪花/聲音差)
不是一個主要條款

不過，你要多一點法律意見
可以
法律援助署熱線 (電話 : 2537 7677，傳真 2537 5948，電郵 : [email protected])


2007-03-02 16:59:31 補充：
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