Innominate contracts : an analysis of doctrine and jurisprudence

Abstract

In the so called modern era of law, the innominate contract is perceived to be pointless, insignificant and rather futile. It is sometimes held to be the product of a defunct nominate contract. However, the innominate contract is more than simply an antithesis to a nominate contract. Its roots are deeply embedded in Roman law whereby one may clearly note that they are placed under a separate section in the Institutes of Justinian. Detaching oneself from Roman law, an analysis into the distinct nature of the innominate contract demonstrates the individuality of such contract. Furthermore, and most importantly, this study establishes that the innominate contract should be interpreted in accordance with general principles of contract law along with the intention of the parties in the absence of written law. This dissertation conducts an analysis into the available doctrine and jurisprudence regarding innominate contracts. Nevertheless, the primary objective is clarifying this ‘nominal’ grey area of contract law.