An approach used by the courts where classification of a term as a condition or a warranty is impossible
Introduced in Hong Kong Fir Shipping v Kawasaki
There has been concern that the use of innominate terms has created too much litigation as per Bunge Corporation v Tradax
There is evidence to suggest that the use of innominate terms can also create uncertainty, illustrated in The Mihalilis Angelos where the court held ready to load clause must always be conditions for commercial certainty in maritime contracts
However, in The Hansa Nord, the courts were able to use this approach prevent the claimant exploiting the defendant, so it will allow judicial flexibility

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Definitions and case law for the classification of terms topic

Classification of Terms