Innominate term
Encyclopedia
In English contract law
, an Innominate term is an intermediate term which cannot be defined as either a "condition" or a "warranty
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In Hong Kong Fir Shipping Co. Ltd v. Kawasaki Kisen Kaisha (1962 2 QB 26) the Court of Appeal of the United Kingdom first conceived the notion of an "innominate term"
This was followed in the case of The Mihalis Angelos (1971 1 QB 174)
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
, an Innominate term is an intermediate term which cannot be defined as either a "condition" or a "warranty
Warranty
In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.In real estate transactions, a...
".
In Hong Kong Fir Shipping Co. Ltd v. Kawasaki Kisen Kaisha (1962 2 QB 26) the Court of Appeal of the United Kingdom first conceived the notion of an "innominate term"
This was followed in the case of The Mihalis Angelos (1971 1 QB 174)