In English contract law, an innominate term is an intermediate term which cannot be defined as either a "condition" or a "warranty". In Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd the Court of Appeal of England and Wales first conceived the notion of an "innominate term".
What is meant by an innominate term?
An innominate term is the middle point between a condition and a warranty. It is often considered the “no-mans land” between the two. An innominate term is the middle point between a condition and a warranty. It is often considered the “no-mans land” between the two.
How do you find innominate terms?
A term becomes innominate when it can't be shown that it is a condition or warranty. An important innominate term, such as one that if breached would deprive one of the parties of the entire benefit of the contract, means that the innocent party is allowed to terminate the contract and find other alternatives.