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Overview

innominate terms

A contract term that is neither a condition nor a warranty. Whether a breach of that term gives rise to a right to terminate the contract depends on the seriousness of the breach. ...

innominate terms

innominate terms   Quick reference

A Dictionary of Business and Management (6 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Social sciences, Business and Management
Length:
177 words

... terms ( intermediate terms ) Terms of a contract that cannot be classified as a condition or warranty . The parties to a contract may label the terms of the contract as either conditions or warranties and those labels will usually be respected by the courts provided that the result is reasonable. Similarly, certain terms have traditionally been treated as conditions or warranties even though they have not been labelled as such (for example, time clauses in mercantile contracts are to be treated as conditions). Innominate terms are those that...

innominate terms

innominate terms   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
199 words

... terms ( intermediate terms ) Terms of a contract that cannot be classified as conditions or warranties . The parties to a contract may label the terms of the contract as either conditions or warranties and those labels will usually be respected by the courts provided that the result is reasonable. Similarly, certain terms have traditionally been treated as conditions or warranties even though they have not been labelled as such (for example, time clauses in mercantile contracts are to be treated as conditions: The Mihalis Angelos [ 1971 ] 1 QB...

innominate terms

innominate terms  

A contract term that is neither a condition nor a warranty. Whether a breach of that term gives rise to a right to terminate the contract depends on the seriousness of the breach.[...]
Etymology

Etymology   Reference library

Garner’s Modern English Usage (4 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Language reference, Usage and Grammar Guides
Length:
1,700 words
Publisher:
Oxford University Press

... is out of luck in competition with the Latinate unfortunate . And the Greek is much more common than the Latin in the following pairs: anonymous (Gk.) and innominate (L.); hypodermic (Gk.) and subcutaneous (L.); anthology (Gk.) and florilegium (L.). All in all, though, the generalization about Greek derivatives—when they have synonyms from Latin or Anglo-Saxon—holds true. Many Greek terms lie at the periphery of the English language—e.g.: analphabetic (= illiterate [L.], unlettered [A.S.]) anamnesis (= reminiscence [L.]) chirography (=...

express term

express term  

Reference type:
Overview Page
Subject:
Law
A provision of a contract, agreed to by the parties, that is either written or spoken. Such a provision may be classified as a condition, a warranty, or an innominate term. Compare implied term.
term (clause or condition)

term (clause or condition)  

Reference type:
Overview Page
Subject:
Law
One of the provisions of an agreement. By extension, ‘terms’ is a non-legal expression for the basis on which a party will agree or has agreed (e.g. ‘I am willing ...
term

term  

Reference type:
Overview Page
Subject:
Law
N.1 Originally, any of four periods of the year during which judicial business had to be transacted. For this purpose terms were abolished by the Judicature Acts 1873–75, and the legal year is now ...
condition

condition  

Reference type:
Overview Page
Subject:
Law
N.1 A major term of a contract. It is frequently described as a term that goes to the root of a contract or is of the essence of a contract (see also time provisions in contracts); it is contrasted ...
breach of contract

breach of contract  

An actual failure by a party to a contract to perform his obligations under that contract or an indication of his intention not to do so.
warranty

warranty  

Reference type:
Overview Page
Subject:
Law
A guarantee by the provider of goods or services as to their quality. A manufacturer's warranty is only of value to customers if it goes beyond the minimum properties of the good or service required ...
warranty

warranty   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
106 words

... n. 1. ( in contract law ) A term or promise in a contract, breach of which will entitle the innocent party to damages but not to treat the contract as discharged by breach. Compare condition . See also innominate terms . 2. ( in insurance law ) A promise by the insured, breach of which will entitle the insurer to treat the contract as discharged by breach. The word therefore has the same meaning as condition in the general law of contract. 3. Loosely, a manufacturer’s written promise as to the extent he will repair, replace, or otherwise...

term

term   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
152 words

...be transacted. For this purpose, terms were abolished by the Judicature Acts 1873–75 , and the legal year is now divided into sittings and vacations . In the Inns of Court the year is still divided into terms that have the same names as the court sittings but are shorter. A student keeps term as part of the qualification for call to the Bar by dining in his Inn on a specified number of occasions during the term. 2. Any provision forming part of a contract. A term may be either a condition , a warranty, or an innominate term , depending on its...

term

term   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
134 words

...to be transacted. For this purpose terms were abolished by the Judicature Acts 1873–75, and the legal year is now divided into sittings and vacations . In the Inns of Court the year is still divided into terms that have the same names as the court sittings but are shorter. A student keeps term as part of the qualification for call to the Bar by dining in his Inn on a specified number of occasions during the term. 2 Any provision forming part of a contract. A term may be either a condition , a warranty, or an innominate term, depending on its importance,...

condition

condition   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
255 words

... express term or an implied term . In the case of an express term, the fact that the contract labels it a condition or a warranty is not regarded by the courts as conclusive of its status ( L Schuler AG v Wickman Machine Tools Sales Ltd [ 1974 ] AC 235 (HL)). See also innominate terms . 2. A provision that does not form part of a contractual obligation but operates either to suspend the contract until a specified event has happened (a condition precedent ) or to bring it to an end in certain specified circumstances (a condition subsequent ). When X...

Acquisition of property

Acquisition of property   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,816 words

...of ‘acquisition’; and what is constituted by ‘just terms’. The Court has often approved the following statement by Dixon in the Bank Nationalisation Case about the breadth to be given to the notion of ‘property’: [Section] 51(xxxi) is not to be confined pedantically to the taking of title by the Commonwealth to some specific estate or interest in land recognized at law or in equity and to some specific form of property in a chattel or chose in action similarly recognized, but … extends to innominate and anomalous interests and includes the assumption...

Judicial power

Judicial power   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,539 words

...practice of committing the trial of military offences to courts martial has been recognised as placing this function outside the constitutional concept of judicial power ( R v Bevan; Ex parte Elias and Gordon ( 1942 ). The Court has recognised that some functions are of an innominate nature, in the sense that their characterisation as judicial or non-judicial may depend on the character of the repository of the grant of the power. In determining how such a function is to be classified, the Court has considered whether Parliament intended to confer judicial...

Health law

Health law   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,345 words

...the question of what terms would be implied in the doctor–patient relationship. The Court adopted the approach favoured by English courts that a term would be implied only where a reasonable bystander would have assumed that such a term was implied, and that it was necessary to give the contract business efficacy. This test was derived from The Moorcock ( 1889 ), and its application led the Court to find that there was no implied term granting a patient access to records. The Court also rejected the argument that there was an innominate common law right...

Contract

Contract   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
21,044 words
Illustration(s):
5

...seemingly in existence by the classical period, but were not yet regarded as within a homogenous category. The category of innominate contracts did not exist in classical Roman law, but the agreements eventually classified as such (e.g., sale or return, barter, settlement of a claim, or lease at will) already existed. Indeed, the arrangement of these agreements according to the nature of the performance dates from this period. Innominate contracts fell into one of two types, either where the agreement resembled an existing contract but it was uncertain which...

Ideology

Ideology   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,123 words

...of the UK, and resonant with the xenophobia of the White Australia Policy. The Court did very little to advance an alternative version of nationalist sentiment, and the internationalism of Evatt in the 1930s received little support. But the Court did slowly begin to develop an innominate nationhood power , and gradually gave the country a sense of identity separating it from the mother country (see Nationhood ). It was not until the 1970s that there was a radical shift in social and foreign policy—away from the racist White Australia Policy to...

etymology

etymology   Reference library

The Oxford Dictionary of American Usage and Style

Reference type:
Subject Reference
Current Version:
2002
Subject:
Language reference, Usage and Grammar Guides
Length:
1,452 words

... is certainly less common today than the Latin contradict . And the Greek is much more common than the Latin in the following pairs: anonymous (Gk.) and innominate (L.); hypodermic (Gk.) and subcutaneous (L.); anthology (Gk.) and florilegium (L.). All in all, though, the generalization about Greek derivatives—when they have synonyms from Latin or Anglo-Saxon—holds true. Many Greek terms lie at the periphery of the English language—e.g.: analphabetic (= illiterate [L.], unlettered [A.S.]) anamnesis (= reminiscence [L.]) chirography (=...

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