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2.Innominate (or intermediate) terms
The classification “innominate term” was coined following the Court of Appeal’s judgment…
The charterers terminated the charter for breach of the obligation to deliver a seaworthy…
“There are…many contractual undertakings of a more complex character which cannot be categorised as being “conditions” or “warranties,”… Of such undertakings all that can be predicated is that some breaches will and others will not give rise to an event which will deprive the party not in default of substantially the whole benefit which it was intended that he should obtain from the contract; and the legal consequences of a breach of such an undertaking, unless provided for expressly in the contract, depend upon the nature of the event to which the breach gives rise and do not follow automatically from a prior classification of the undertaking as a “condition” or a “warranty.””.In terms of the timing of the assessment, Diplock LJ suggested that the relevant…
Consequently, a breach that does not result in substantially depriving the innocent…
The later cases have consistently adopted and applied the “innominate term” analysis.
1.Conditions and warranties
E.Implication of terms
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