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The Seaflower

Set out the guidelines for deciding condition v innominate term:
1) Statute
2) Common law
3) Provided for by the contract
4) Implied from the contract

Bunge Corp

Notice of readiness to load in an international shipping contract is a condition

The Mihaelis Angelos

Took into account the leading test on charter parties to decide the term was a condition

Union Eagle

"Time is of the essence" is a condition

Schuler v Wickman

The language used by the parties is given effect unless it is contradictory to the rest of the contract


That the term is a condition can be implied from the consequences of its breach

The Mihaelis Angelos

That a term is a condition can be inferred from the rest of the contract

Hare v Nicholl

The commercial context is account when deciding if the term is a condition

Hong Kong Fir

If the term can be breached in more than one way, it is likely to be an innominate term

Hansa Nord

The conduct of the parties can imply that a term is a condition

Hong Kong Fir

Breach of an innominate term has to deprive the party of substantially the whole benefit to afford termination

Aerial Advertising

A serious drop in sales was enough to afford breach of the innominate term

Alan Auld

Repeated small breaches can add up to a sufficiently serious breach

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