Implied Terms (OCR A-Level Law): Quizzes

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Implied Terms
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What are implied terms in a contract?

Unspoken obligations from law or custom

How many distinct methods can terms be implied into contracts?

Three methods

Which case established the business efficacy test for implying terms?

The Moorcock (1889)

What would parties say if a term passes the officious bystander test?

Oh, of course!

In Marks & Spencer v BNP Paribas, what standard is required to imply a term?

Strictly necessary for business efficacy

What does Section 9 of the Consumer Rights Act 2015 require?

Goods to be of satisfactory quality

What does Section 49 CRA 2015 require for services?

Performed with reasonable care & skill

What threshold did Liverpool City Council v Irwin establish for implying terms?

Term must be necessary not reasonable

Can parties exclude statutory implied terms from the Consumer Rights Act 2015?

No, neither party can exclude them

Which case established that customary practices in trades can create implied terms?

Hutton v Warren (1836)

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