Terms (OCR A-Level Law): Flashcards
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What are implied terms?
What are implied terms?
Unspoken/unwritten obligations in contracts by law/custom
3 methods to imply terms into contracts
3 methods to imply terms into contracts
Custom, statute, fact
Business efficacy test (The Moorcock 1889)
Business efficacy test (The Moorcock 1889)
Term implied if contract commercially pointless without it
Officious bystander test (Shirlaw 1939)
Officious bystander test (Shirlaw 1939)
Would both parties say 'oh, of course!' if term suggested?
Necessity test (Liverpool CC v Irwin 1977)
Necessity test (Liverpool CC v Irwin 1977)
Implied term must be necessary, not just reasonable
Marks & Spencer v BNP Paribas 2015 key principle
Marks & Spencer v BNP Paribas 2015 key principle
Term only implied where strictly necessary for business efficacy
CRA 2015 s9: Goods must be...
CRA 2015 s9: Goods must be...
Of satisfactory quality
CRA 2015 s10: Goods must be...
CRA 2015 s10: Goods must be...
Fit for particular purpose stated by consumer
CRA 2015 s49: Services performed with...
CRA 2015 s49: Services performed with...
Reasonable care and skill
Grant v Aust. Knitting Mills 1936 principle
Grant v Aust. Knitting Mills 1936 principle
Implied terms protect parties when express terms don't cover all
