Search results
Results From The WOW.Com Content Network
Terms implied "in law" are confined to particular categories of contract, particularly employment contracts or contracts between landlords and tenants, as necessary incidents of the relationship. For instance, in every employment contract , there is an implied term of mutual trust and confidence , supporting the notion that workplace relations ...
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts.
In English Law, This principle was established in the case of Spring v NASDS, [16] in the context of a Trade Union membership contract. Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required. Consistency: The implied term may not contradict an express term.
In English law, this principle was established in the case of Spring v NASDS, [20] in the context of a trade union membership contract. Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required. Consistency: The implied term may not contradict an express term.
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in Southern Foundries (1926) Ltd v Shirlaw [1] to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide.
The Unfair Contract Terms Act 1977 regulates clauses that exclude or limit terms implied by the common law or statute. Its general pattern is that if clauses restrict liability, particularly negligence , of one party, the clause must pass the "reasonableness test" in section 11 and Schedule 2.
English contract law is the body of law that regulates legally binding agreements in England and Wales.With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India [1]), from membership in the European Union, continuing membership in Unidroit, and to a ...
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 ...