{ "@context": "https://schema.org", "@type": "Organization", "name": "Brainscape", "url": "https://www.brainscape.com/", "logo": "https://www.brainscape.com/pks/images/cms/public-views/shared/Brainscape-logo-c4e172b280b4616f7fda.svg", "sameAs": [ "https://www.facebook.com/Brainscape", "https://x.com/brainscape", "https://www.linkedin.com/company/brainscape", "https://www.instagram.com/brainscape/", "https://www.tiktok.com/@brainscapeu", "https://www.pinterest.com/brainscape/", "https://www.youtube.com/@BrainscapeNY" ], "contactPoint": { "@type": "ContactPoint", "telephone": "(929) 334-4005", "contactType": "customer service", "availableLanguage": ["English"] }, "founder": { "@type": "Person", "name": "Andrew Cohen" }, "description": "Brainscape’s spaced repetition system is proven to DOUBLE learning results! Find, make, and study flashcards online or in our mobile app. Serious learners only.", "address": { "@type": "PostalAddress", "streetAddress": "159 W 25th St, Ste 517", "addressLocality": "New York", "addressRegion": "NY", "postalCode": "10001", "addressCountry": "USA" } }

Classification of terms +/- Flashcards

(2 cards)

1
Q

+

A
  1. Provides clarity and structure
    Helps courts and parties understand consequences of breach. E.g. conditions allow termination, warranties do not.
  2. Supports commercial certainty
    In business, it’s vital to know which breaches allow contract termination — parties can plan accordingly.
  3. Innominate terms allow flexibility
    E.g. in Hong Kong Fir v Kawasaki, courts assessed seriousness of breach rather than rigid labels.
  4. Encourages careful drafting
    Forces parties to clearly define key terms in contracts to avoid disputes.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

-

A
  1. Rigid distinction can be unfair
    ➡️ A minor breach of a condition still gives right to terminate — harsh result (Arcos v Ronaasen).
  2. Uncertainty in innominate terms
    ➡️ While flexible, they create unpredictability — parties won’t know in advance if a breach is serious enough (The Hansa Nord).
  3. Legal labels can be misused
    ➡️ Businesses may label all terms as “conditions” to gain unfair advantage — can lead to disproportionate remedies.
  4. Inconsistent judicial interpretation
    ➡️ Different judges may classify the same term differently — lacks consistent standards.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly