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3 Indian J. Integrated Rsch. L. 1 (2023)
Navigating the Grey: The Complex World of Innominate Terms in Contracts

handle is hein.journals/injloitd4 and id is 786 raw text is: Indian Journal of Integrated Research in Law NAVIGATING THE GREY: THE COMPLEX WORLD OF INNOMINATE TERMS IN CONTRACTS Suyog Ghosh Dasttidar, National Law University Odisha. Currently working as a Legal Officer at KisanKraft Limited, Bangalore Aditi Mishra, National Law University Odisha. Currently working as Legal Manager at Tata Steel Limited ABSTRACT The classification of contractual terms is an important aspect of contract law as it determines the rights and obligations of the parties to a contract. Traditionally, contractual terms have been classified as either conditions or warranties, but modern approaches recognize that not all terms fit neatly into these categories. Innominate terms are a subset of the mixed approach and are terms that are not clearly conditions or warranties but fall somewhere in between. The consequences of a breach of an innominate term depend on the degree of the breach and its effect on the commercial purpose of the contract. This article explores the different approaches to classifying contractual terms and the role of innominate terms in contractual obligations. It discusses the traditional and modern approaches to classifying contractual terms and the significance of the intentions of the parties and the specific circumstances of each case. The article also examines the role of innominate terms in contractual obligations and the consequences of a breach of an innominate term. The article further analyzes legal cases from different jurisdictions, including the UK and India, to illustrate how courts have applied different approaches to classify contractual terms and the consequences of a breach of innominate terms. It also highlights the importance of carefully negotiating and drafting the terms of a contract to ensure that the terms are clear and enforceable. In conclusion, understanding the legal aspects of classifying contractual terms and the role of innominate terms can help parties to negotiate and draft their contracts effectively and anticipate the potential consequences of a breach of a term. This, in turn, can help to minimize disputes and ensure that the parties' rights and obligations are clearly defined and enforceable. Page: 1 Volume III Issue I I ISSN: 2583-0538

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