Innominate terms
- Examine the approach taken in Hong Kong Fir Shipping Co Ltd v Kawasaki
Kisen Kaisha Ltd. See also Cehave v Bremer Handelsgesellschaft (known
as The Hansa Nord), Reardon Smith Line v Hansen Tangen. - Consider the need for certainty between parties of equal commercial
standing – Awilko v Fulvia SpA di Navigazione (known as The Chikuma),
Bunge Corporation v Tradax, Lombard North Central v Butterworth. See
also Aerial Advertising Co v Batchelors Peas.
Questions
1 Discuss whether the increased use of the innominate term means that it is no longer
important to differentiate between conditions and warranties.
OCR 4-module specimen paper
2 ‘The different approaches taken to classifying terms lead to uncertainty.’ Discuss the
accuracy of this statement.
3 ‘The intentions of the contracting parties are the main factors in deciding on the relative
importance of contractual terms.’ Discuss whether this is, in fact, the approach currently
taken by the courts.
4 ‘The different categories of terms found in an agreement are set by the parties and reflect
a general freedom to contract.’ Is this a reflection of the state of the law regarding the
types of terms within a contract?
5 Explain the way in which the courts establish how a particular term should be classified
and discuss the importance of this distinction.
OCR 2003
118 Contract law