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The Moorcock (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy". Terms shall not be implied merely because they appear "desirable and ...
Like the phrase "necessary to give business efficacy", it vividly emphasises the need for the court to be satisfied that the proposed implication spells out what the contract would reasonably be understood to mean. But it carries the danger of barren argument over how the actual parties would have reacted to the proposed amendment.
Business efficacy: The implied term must be necessary for the business efficacy of the contract. For instance, if the term simply causes the contract to operate better, that does not fit this criterion. This is the principle laid out in The Moorcock. [18]
And in Foo Jong Peng v Phua Kiah Mai [2012] 4 SLR 1267, paras 34-36, the Singapore Court of Appeal refused to follow the reasoning in Belize at least in so far as "it suggest[ed] that the traditional 'business efficacy' and 'officious bystander' tests are not central to the implication of terms" (reasoning which was followed in Sembcorp Marine ...
Efficacy is the ability to perform a task to a satisfactory or expected degree. The word comes from the same roots as effectiveness , and it has often been used synonymously, although in pharmacology a distinction is now often made between efficacy and effectiveness .
This was done to balance efficacy, tolerability, and trial dropout. REDEFINE 1 was a 68-week efficacy and safety trial with 3,417 people enrolled. ... US Operations and Global Business Development ...
In Codelfa Construction Pty Ltd v State Rail Authority of NSW, implication of a term in fact in a contract, by reference to what is necessary to give it business efficacy, was described as raising issues "as to the meaning and effect of the contract". Implication is not "an orthodox exercise in the interpretation of the language of a contract ...
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