Implied Terms Flashcards
1
Q
Implied terms
A
Not all terms expressed or written into the contract
An event may occur and doesn’t cover that part eventuality
Then have to imply the terms
2
Q
Grant v Australian knitting mills 1936
A
G bought Woolin underpants that contained traces of chemicals causing skin disease
Held that terms couldn’t cover every eventuality
3
Q
Terms implied by fact
A
Through customs - where something is common practice over a long period of time
Through common trade practices - specific to the type of industry
To preserve business efficiency- when 2 parties contract, the effectiveness of the agreement must be adhered to
Moorcock 1889
