Words and phrases

 

Terms, conditions, warranties and innominate terms

All of these words refer to the legally binding promises contained in a contract.

The word 'term' is the most general, referring to any legally binding promise in a contract.

The word 'condition' is used to describe those terms in a contract that are of fundamental importance, and without which the person for whose benefit those terms exist would not have entered into the contract.

The word 'warranty' is used to describe those terms in a contract that do not qualify as conditions, and are therefore of lesser importance.

'Innominate' terms are those that a court does not classify as either conditions or warranties. Innominate terms can be of varying degrees of importance.