Contracts for Sale of Goods (11:III): Difference between revisions
Jump to navigation
Jump to search
Contracts for Sale of Goods (11:III) (view source)
Revision as of 00:06, 6 August 2021
, 6 August 2021→3. Innominate Terms
Line 30: | Line 30: | ||
Innominate or intermediate 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 or intermediate 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:''' 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 | :'''NOTE:''' 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 [[{{PAGENAME}}#C. Provisions of the Sale of Goods Act | C. Provisions of the Sale of Goods Act]] below) | ||
== B. Determining if the Sale of Goods Act Governs the Contract == | == B. Determining if the Sale of Goods Act Governs the Contract == |