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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 ...
Statute may also declare a term or nature of term to be a condition or warranty; for example the Sale of Goods Act 1979 s15A [5] provides that terms as to title, description, quality and sample (as described in the Act) are conditions save in certain defined circumstances. Innominate term.
Term: A term is similar to a representation, but the truth of the statement is guaranteed by the person who made the statement therefore giving rise to a contractual obligation. For the purposes of Breach of Contract, a term may further be categorized as a condition, warranty or innominate term.
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 term is a condition (rather than an intermediate or innominate term, or a warranty), in any of the following five situations: (1) statute explicitly classifies the term in this way; (2) there is a binding judicial decision supporting this classification of a particular term as a "condition"; (3) a term is described in the contract as a ...
The term subjunctive conditional has been used as a replacement, though it is also acknowledged as a misnomer. Many languages do not have a subjunctive (e.g., Danish and Dutch), and many that do have it don’t use it for this sort of conditional (e.g., French, Swahili, all Indo-Aryan languages that have a subjunctive). Moreover, languages that ...
An innominate contract, Latin contractus innominatus; in Roman law, a contract that does not fall within any of the regular types of contract; An innominate or anonymous jury, where the identity of the jury members is not publicly known; Innominate, by Off Minor, 2004; The Innominate, a mountain in the Bighorn Mountains, Wyoming, US
The biconditional is true in two cases, where either both statements are true or both are false. The connective is biconditional (a statement of material equivalence), [2] and can be likened to the standard material conditional ("only if", equal to "if ... then") combined with its reverse ("if"); hence the name. The result is that the truth of ...