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

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Judy-Jude Chandra-Ramanan

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