The next type of a term, warranty, is regarded as a minor term of a contract, one which is merely subsidiary to the actual root of the contract. A term which is classified as a warranty does not entitle the innocent party confronted with its breach to terminate the contract. A breach of warranty may give rise to a claim for damages for the loss suffered.
The case of Bettini v Gye shows the difference between conditions and warranties. Bettini agreed by contract to perform as an opera singer for a three month period. He became ill and missed six days of rehearsals. The employer tried to terminate the contract, but Bettini sued them for breach of contract and was successful. Bettini was in breach of warranty and therefore the employer was not entitled to end the contract. Missing the rehearsals did not go to the root of the contract. The producers were entitled to sue for damages only.
The last type of terms to consider is an innominate term. In English contract law the innominate term is an intermediate term which cannot be defined as either a condition or a warranty. Innominate terms or 'intermediate terms' of a contract refer to terms which can be broken with serious consequences, in which case the term will act as a condition or it can be broken with minor consequences, in which case the term will act as a warranty. The effect of the breach of an innominative term depends on the effect of a breach of the term in the contract.