That's a great response, Mustafy, and only a smidgen over 4 years too late!
Nevertheless it is sincerely a great response :-)
M
MikeLittleTutor·
That's a great response, Mustafy, and only a smidgen over 4 years too late :-)
Nevertheless, it sincerely IS a good response
J
jcas·
Thanks
A
Asher·
Thanks for these helpful questions. 100% first attempt.
P
Paulina·
What does innominate mean?
B
biggles·
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'
J
jcas·
Sorry i meant Q 6
P
pavan12345·
agreed
J
jcas·
Please clarify Q 7
Shouldnt this be a plantiff must ask for equitable remedy
M
Mustafa·
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.
Nevertheless it is sincerely a great response :-)
Nevertheless, it sincerely IS a good response
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'
Shouldnt this be a plantiff must ask for equitable remedy
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.