出典:Wikipedia
出典:『Wikipedia』 (2011/03/21 19:10 UTC 版)
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 is a landmark English contract law case. It introduced the concept of innominate terms, between "warranties" and "conditions". Diplock LJ emphasised that some terms could lead to either the right to terminate a contract as a remedy, or to the mere entitlement to damages (and no right to terminate). What mattered was not whether you call a particular contract term a "warranty" or a "condition" but how serious the breach of the term was.