The innominate term approach was established in the case of Hong Kong Fir Shipping. Rather than classifying the terms themselves as conditions or warranties, the innominate term approach looks to the effect of the breach and questions whether the innocent party to the breach was deprived of substantially the whole benefit of the contract.
Contractual term that may turn out to be either a condition (is integral to the contract) or a warranty (is incidental to the contract) depending on its effect on the injured or innocent party. See also intermediate term.