Terms Implied by Common Law Flashcards
1
Q
Business Efficacy and Officious Bystander Test
A
2 part test
2
Q
Business Efficacy Test (case)
A
The Moorcock
3
Q
The Moorcock
A
is the term necessary to make the contract effective?
4
Q
Officious Bystander Test Case
A
Shirkaw v Southern Foundaries
5
Q
Shirkaw v Southern Foundaries
A
if the parties to the contract had thought about it, would they have agreed to term going into contract
6
Q
Hutton v Warren
A
terms implied by custom
7
Q
Hillas v Arcos
A
Terms implied by prior dealings between parties
