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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 20:18, 9 November 2019
, 20:18, 9 November 2019Clarification that Note applies to entire section
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Innominate terms arise out of the common law, but unlike conditions and warranties, they are not mentioned in the ''SGA''. An innominate term is one that may be treated as either a condition or a warranty, depending on how severe the consequences of a breach turn out to be. Whether an innominate term is a condition or a warranty is for a judge to decide. | Innominate terms arise out of the common law, but unlike conditions and warranties, they are not mentioned in the ''SGA''. An innominate term is one that may be treated as either a condition or a warranty, depending on how severe the consequences of a breach turn out to be. Whether an innominate term is a condition or a warranty is for a judge to decide. | ||
Note that for certain terms the ''SGA'' specifies whether they are conditions or warranties. The SGA also implies some terms as conditions or warranties even if they are not expressly included in the contract (see Section C below). | Note that for certain terms the ''SGA'' specifies whether they are conditions or warranties. The SGA also implies some terms as conditions or warranties even if they are not expressly included in the contract (see Section C below). | ||