terms implied by common law

Question 1

no term stating the boat would be protected

Answer 1

The Moorcock

business efficacy

it is necessary for the courts to imply a term in order for the the contract to be effective

Question 2

officious bystander test

Answer 2

Shirlaw v Southern Foundaries

had another party been there at the time the contract was made, would they have presumed the term in question should be implied

Question 3

signed a contract 3/4 times, excluding the garage from liability for damage to the vehicle

Answer 3

Hollier v Rambler Motors

failure to sign the document on this occasion meant the exclusion cause didn’t apply

Question 4

terms won’t be implied on the contract if the parties would never have agreed to it

Answer 4

Shell v Lostock Garage (2015

when terms are implied, their meanings will be judged according to reasonableness

(objective test)

Question 5

‘reasonableness’ is to be judged objectively

Answer 5

Marks & Spencer’s PLC v BNP Paribas Securities Services Trust

Question 6

terminated tenancy before harvest

Answer 6

Hutton v Warren

the courts will look at what was the norm/expected course of action at the time the contract was made