(a)  A term in a contract that is ‘innominate’ will be treated by a court as equivalent to a ‘condition’ in the contract.

(b)  A term in a contract is properly called ‘innominate’ when a court decides not to identify it as either a ‘condition’ or ‘warranty’.

(c)   The importance of an innominate term is decided by reference to the objective importance of the term, at the time the contract was made, to the party in whose favour it was included in the contract.

(d)   Although historically common, classifying terms as ‘innominate’ is something the courts no longer do.