Classification of Terms
Condition refers to a circumstance in which a term is subject to. E.g. subject to how many appliances are available. A remedy for a condition would be damages.
Warranty refers to a promise that provides assurance to one party in the case that something happens e.g. a warranty put on a phone means if any damage happens then a new device will be given as long as it is returned within a period of time. A remedy for a warranty is a repair, refund or replacement.
Innominate terms refers to terms that cannot be defined as either a warranty or conditions. Remedies for innominate terms are highly dependent on the situation.
Case Commentary of Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd [1962] 1 All ER 474 CA.
- contract for a ship included the term that the ship would be seaworthy for the period of hire
- engine problems caused the ship to be out of operation for a 5 week period then a further 15 week period
- defendants treated it as a breach of contract
- claimants brought an action for wrongful repudiation
- court took the innominate term approach
- this case created the innominate term