The policy under consideration in this judgment contained a Claims Conditions section and recordal that “Breach of these conditions will entitle us to refuse to deal with the relevant claim.” 

It was not expressly recorded that compliance with the claims conditions was a condition precedent and the words “condition precedent” were not themselves used. The

  1. Cancellation as a remedy for breach of contract is only available where the parties have incorporated a right to cancel in their contract, or where the breach is of a sufficiently serious nature to justify cancellation.
  2. The contract may expressly state that if one of the parties breaches terms of the contract or fails to