So an innominate term in a contract is one that cannot immediately be classified as a condition or a warranty. So, until it’s broken, we cannot know whether it was important (condition) or superficial (warranty)
Therefore, we cannot give it a name and thus it is ‘innominate’
A plaintiff cannot ask for equitable remedy as Equity is at the discretion of the court. It is at the decision of the court to decide if equitable remedies are applicable and this will basically be in a situation where award for damages/monetary compensation (Common law) is not sufficient to compensate the injured party.
MikeLittle says
That’s a great response, Mustafy, and only a smidgen over 4 years too late!
Nevertheless it is sincerely a great response 馃檪
MikeLittle says
That’s a great response, Mustafy, and only a smidgen over 4 years too late 馃檪
Nevertheless, it sincerely IS a good response
jcas says
Thanks
asher2019 says
Thanks for these helpful questions. 100% first attempt.
Blessings20 says
What does innominate mean?
biggles says
Literally it means “Without a name”
So an innominate term in a contract is one that cannot immediately be classified as a condition or a warranty. So, until it’s broken, we cannot know whether it was important (condition) or superficial (warranty)
Therefore, we cannot give it a name and thus it is ‘innominate’
jcas says
Sorry i meant Q 6
pavan12345 says
agreed
jcas says
Please clarify Q 7
Shouldnt this be a plantiff must ask for equitable remedy
Mustafy says
Hi Jcas,
A plaintiff cannot ask for equitable remedy as Equity is at the discretion of the court. It is at the decision of the court to decide if equitable remedies are applicable and this will basically be in a situation where award for damages/monetary compensation (Common law) is not sufficient to compensate the injured party.