Plaintiff chartered ship to Defendant for two years.
Plaintiff undertook to supply seaworthy ship.
But staff inefficient, engine old, and ship suffered
substantial delays due to need for repairs.
Defendant repudiated contract.
Plaintiff sued for wrongful repudiation.
Held that Plaintiff’s undertaking was neither
condition nor warranty but ‘innominate term’.
Legal consequences of breach of innominate term depend
on nature of event to which breach gives rise.
Here Defendant not entitled to repudiate contract
because Plaintiff’s breach did not deprive Defendant of whole benefit of charterparty.