(c) That's wrong. 

You were asked to select the correct statement.

It is correct to say that if an innominate term is breached, the available remedy depends on the effect of the breach on the intended benefits of the contract.

It is incorrect to say that an ‘innominate’ term is the equivalent of a warranty, that is, a term that is not of fundamental importance to a warranty.

It is incorrect to say that if an innominate term is breached, the non-defaulting party is entitled to claim damages but not to terminate performance of the contract.

Give yourself no marks for this answer.

Complete the quiz...