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Innominate terms of contracts are one of the three categories of terms of contract, the others being warranties and conditions. The creation of this innominate category of terms (also known as "intermediate") is associated with the analysis of Diplock LJ in the case Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962), and is ...
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2] Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract.
Breach of these terms, as with all terms, will give rise to damages. Whether or not it repudiates the contract depends upon whether legal benefit of the contract has been removed from the innocent party. Megaw LJ, in 1970, preferred the use of the classic categorizing into condition or warranty due to legal certainty. [9]
It introduced the concept of innominate terms, a category between "warranties" and "conditions". Under the English sale of goods principles, a condition is a term whose breach entitles the injured party to repudiate the contract, [1] but a breach of warranty shall give rise only to damages. [2]
A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", [6] and therefore only entitles the innocent party to damages if it is breached, [6] i.e. if the warranty is not true or the defaulting party does not perform the contract in ...
Terms of a Trust are most clear when they are explicit within the four corners of the Trust Instrument. However, since not all Trusts are explicit, some interpretation by courts may be necessary. [3] In contract law, "terms" means Terms of a Contract, the conditions and warranties agreed upon between parties to the contract. Contract terms may ...
For example, the Sale of Goods Act 1979 s15A provides that terms as to title, description, quality and sample are generally conditions. [77] The United Kingdom has also developed the concept of an "intermediate term" (also called innominate terms), first established in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962].
Held, that the clause only applied to a warranty, and the description was actually a condition of the contract. Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd [1934] 1 KB 17; In a contract for ‘new Singer cars’ the clause was ‘all conditions, warranties and liabilities implied by statute, common law or otherwise are excluded.’