(a) An ‘innominate’ term is the equivalent of a warranty, that is, a term that is not of fundamental importance to a warranty.
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(b) If an innominate term is breached, the available remedy depends on the effect of the breach on the intended benefits of the contract.
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(c) If an innominate term is breached, the non-defaulting party is entitled to claim damages but not to terminate performance of the contract.
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