Podcast
Questions and Answers
What is the officious bystander test about?
What is the officious bystander test about?
- Implied terms by a judge in written contracts
- Terms explicitly mentioned in contracts
- Implied terms by custom in contracts
- Implied terms in contracts that are so obvious they go without saying (correct)
According to the officious bystander test, what would happen if an express provision is suggested for an implied term during contract negotiations?
According to the officious bystander test, what would happen if an express provision is suggested for an implied term during contract negotiations?
- Parties would negotiate further on this term
- Parties would angrily dismiss the suggestion as unnecessary (correct)
- Parties would seek legal advice on the suggestion
- Parties would readily accept the provision
In what case did the court establish criteria for terms implied by custom?
In what case did the court establish criteria for terms implied by custom?
- Extrinsic evidence case
- Cunliffe Owen v Teather and Greenwood (correct)
- Prima facie case
- Hutton v Warren
What did the court decide in Hutton v Warren regarding a tenancy agreement?
What did the court decide in Hutton v Warren regarding a tenancy agreement?
When can terms be implied by custom in contracts?
When can terms be implied by custom in contracts?
What is the purpose of the implied terms by a judge in written contracts?
What is the purpose of the implied terms by a judge in written contracts?
What are implied terms in a contract?
What are implied terms in a contract?
Which of the following is an example of an implied term by fact?
Which of the following is an example of an implied term by fact?
What was the outcome of The Moorcook (1889) 14 PD 64 case?
What was the outcome of The Moorcook (1889) 14 PD 64 case?
What does the 'business efficacy test' refer to?
What does the 'business efficacy test' refer to?
Which kind of implied terms are included in a contract due to presumed intentions of the parties?
Which kind of implied terms are included in a contract due to presumed intentions of the parties?
What do implied terms by custom refer to?
What do implied terms by custom refer to?
In the Hutton v Warren case, what was the dispute about?
In the Hutton v Warren case, what was the dispute about?
How was the dispute in the Hutton v Warren case resolved?
How was the dispute in the Hutton v Warren case resolved?
Which test is used by courts to determine if a term should be implied into a contract?
Which test is used by courts to determine if a term should be implied into a contract?
What are terms that are implied into a contract by custom or trade usage called?
What are terms that are implied into a contract by custom or trade usage called?
Which of the following is an example of a term implied by statute?
Which of the following is an example of a term implied by statute?
In the example provided, what was the issue with the camera that Alex bought from Brillpics Ltd?
In the example provided, what was the issue with the camera that Alex bought from Brillpics Ltd?
