Why was the plaintiff successful in the case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26?
A)The term was an innominate term,and the breach was not serious enough to entitle the other party to repudiate.
B)The term which had been breached was a warranty because it was subsidiary to the main purpose of the contract.
C)The term which had been breached was a condition because the breach had a serious effect on the contract.
D)The term which had been breached was a condition because the term was essential to the contract and the other party would not have entered into the contract without it.

Question

Quizplus · Accepted Answer

The court introduced the concept of an innominate term, where the consequences of a breach determine whether it is treated as a condition or a warranty. In this case, the breach was not deemed serious enough to justify termination of the contract.

Why Was the Plaintiff Successful in the Case of Hong