Innominate Terms

• An innominate term is a term in a contract that is not clearly a condition or a warranty. They are intermediate or indeterminate terms.
• The result of the breach of an innominate term can be the same as for a condition of a warranty, depending on the seriousness of a breach.
• The parties wait until the effect of the breach when it is treated as a condition or a warranty.
• Courts are given flexibility in determining the appropriate remedy.
• Hong Kong Fir Shipping v Kawasaki: Innominate terms