Terms Flashcards
(14 cards)
What are the 3 ways terms can be implied?
by statute
by the courts
by trade of custom
What are the 2 ways terms can be implied by the courts?
in fact
in law
What is meant by implied in fact?
terms are implied to give effect to the presumed intentions of the parties
What is meant by implied in law?
terms are implied as a matter of policy into all contracts of a particular type
What is an example case of implied in fact?
The Moorcock
What happened in the Moorcock?
D allowed plaintiff to moor alongside jetty in order to unload cargo, tide went out, ship sustained damage after hitting ridge on riverbed, D admitted they had not determined if riverbed was suitable for ship, held it was an implied term that riverbed was suitable as it was necessary for contract to work
What type of contracts is the Sale of Goods Act 1979?
business to business
What type of contract is the Supply of Goods and Services Act 1982?
business to business
What type of contracts is the Consumer Rights Act 2015?
consumer to business
What 4 terms are implied by statute?
1) goods will match their description
2) goods will be satisfactory quality
3) goods will be fit for a particular purpose if purpose is made known to seller
4) service will be carried out with reasonable care and skill
What is meant by implied by trade of custom?
a term can be implied where there are previous dealings between the parties and such terms are usual in the parties’ particular trade of custom
What is the Parol evidence rule?
contracts put in 100% writing cannot have terms altered orally
What is a case for implied in law?
Liverpool City Council v Irwin
What happened in Liverpool City Council v Irwin?
HofL upheld implied term into a tenancy contract between tenants of tower block and local council (the landlords), that council were under implied duty to take reasonable care to keep common areas fit for use
