(a)  An ‘innominate’ term is the equivalent of a warranty, that is, a term that is not of fundamental importance to a warranty.

(b)  If an innominate term is breached, the available remedy depends on the effect of the breach on the intended benefits of the contract.

(c)   If an innominate term is breached, the non-defaulting party is entitled to claim damages but not to terminate performance of the contract.