18 Questions
What is the officious bystander test about?
Implied terms in contracts that are so obvious they go without saying
According to the officious bystander test, what would happen if an express provision is suggested for an implied term during contract negotiations?
Parties would angrily dismiss the suggestion as unnecessary
In what case did the court establish criteria for terms implied by custom?
Cunliffe Owen v Teather and Greenwood
What did the court decide in Hutton v Warren regarding a tenancy agreement?
Certain terms can be implied in tenancy agreements even if not explicitly mentioned
When can terms be implied by custom in contracts?
When the custom is widely recognized and consistent with express terms
What is the purpose of the implied terms by a judge in written contracts?
To ensure fairness and reasonableness in contracts
What are implied terms in a contract?
Terms that are included in the contract even though not expressly agreed upon or mentioned by the parties.
Which of the following is an example of an implied term by fact?
The currency used in a purchase transaction conducted in Barbados is the Barbadian dollar.
What was the outcome of The Moorcook (1889) 14 PD 64 case?
The ship was damaged by rocks on the ground during low tide.
What does the 'business efficacy test' refer to?
A principle that originated from The Moorcook case, stating implied terms must be necessary for business efficacy.
Which kind of implied terms are included in a contract due to presumed intentions of the parties?
Implied terms by fact.
What do implied terms by custom refer to?
Terms that are included in a contract due to common practices or customs in a specific trade or industry.
In the Hutton v Warren case, what was the dispute about?
Who was responsible for keeping the land arable during the notice period
How was the dispute in the Hutton v Warren case resolved?
The court relied on a local custom to imply a term into the contract
Which test is used by courts to determine if a term should be implied into a contract?
The officious bystander test
What are terms that are implied into a contract by custom or trade usage called?
Customary terms
Which of the following is an example of a term implied by statute?
A warranty that goods must be of merchantable quality
In the example provided, what was the issue with the camera that Alex bought from Brillpics Ltd?
The pictures taken with the camera were very faint
Test your knowledge of implied terms in contracts with this quiz. Explore the concept of terms that are not explicitly mentioned but are still understood to be part of an agreement. From officious bystanders to judicial implications, challenge yourself with scenarios involving implied terms in contract law.
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