Implied Terms (AQA A-Level Law): Quizzes

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Implied terms
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What are the three methods through which terms can be implied into a contract?

Custom, fact, and statute

Which case established that long-standing customs in a trade can create implied contractual terms?

Hutton v Warren (1836)

What is the officious bystander test for implying terms?

Would both parties immediately agree if suggested?

In The Moorcock (1889), what principle was established for implying terms?

Business efficacy - terms needed to make it work

Marks and Spencer v BNP Paribas (2015) requires implied terms be what, not just reasonable?

Strictly necessary

Liverpool City Council v Irwin (1977) emphasised implied terms must be what?

Necessary, not merely reasonable

Under Consumer Rights Act 2015 s9-11, what terms are implied for goods?

Quality, fit for purpose, match description

What does Consumer Rights Act 2015 s49 require for services?

Performed with reasonable care and skill

In Grant v Australian Knitting Mills (1936), what term was implied about the underpants?

Fit for purpose & safe to wear without pain

Can parties exclude or ignore terms implied by statute?

No, neither party can exclude them

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