Law Tutors – Innominate terms, also known as intermediate terms or innominate terms with a “label,” are a category of terms in contract law that do not fit neatly into the traditional classification of conditions or warranties. These terms do not carry an automatic label of being either a condition or a warranty but depend on the circumstances of the specific case to determine their significance. The classification of an innominate term depends on the seriousness of the breach and its impact on the contract. Courts will assess the consequences of the breach to determine whether it should be treated as a condition or a warranty, taking into account factors such as the parties’ intentions and the nature of the contract.
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