Innominate terms
Innominate terms
Real World
In Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha (1962), a seaworthiness clause was innominate — only a very serious breach justifying termination; minor engine faults merely triggered a damages claim.
Exam Focus
State the Hong Kong Fir test precisely: ask whether the breach deprives the innocent party of 'substantially the whole benefit' of the contract.
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