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INNOMINATE

In the civil law. Not named or classed; belonging to no specific class; ranking under a general head. A term applied to those contracts for which no certain or precise remedy was appointed, but a general action on the case only. Dig. 2, 1, 4, 7, 2; Id. 19, 4, 5. Innominate contracts, literally, are the “unclassified” contracts of Roman law. They are contracts which are neither re, verbis, literis, nor consensu simply, but some mixture of or variation upon two or more of such contracts. They are principally the contracts of permutatio, de wstunato, precarium, and transaction Brown.

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