Terms Implied (To Supply Goods) by Common Law Flashcards
1
Q
What is the business efficacy test?
A
Is the term necessary for the contract to work in a business environment
2
Q
What was held in The Moorcrock?
A
The court implied a term that the ship would not be damaged and it would be at a safe mooring
3
Q
What is the officious bystander test in Shirlaw v Southern Foundries?
A
The term is implied where if a bystander had been present and suggested a term, both parties would obviously agree to it
4
Q
What was held in Hutton v Warren?
A
Terms of lease could be applied through custom
5
Q
What was held in Hillas v Arcos?
A
Implied based on prior dealings that the lengths of timber would be bought on the same terms as two years ago
