When drafting contracts, the phrase ‘terms and conditions is often used to describe any term, but legally the terms of an agreement may be conditions or warranties. A condition is a term that goes to the root of the agreement, and breach of a condition may afford the injured party the right to terminate, as well as to claim damages. A warranty is an assurance given by one party that specific promises will be honoured; breaching a warranty affords only the right to claim damages. The distinction between conditions and warranties is not influenced by the way the contract is drafted, but rather results from the nature of the agreement. See also Terms and Conditions.