Contract Law Implications Quiz
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Questions and Answers

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?

  • 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?

  • 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?

    <p>Certain terms can be implied in tenancy agreements even if not explicitly mentioned</p> Signup and view all the answers

    When can terms be implied by custom in contracts?

    <p>When the custom is widely recognized and consistent with express terms</p> Signup and view all the answers

    What is the purpose of the implied terms by a judge in written contracts?

    <p>To ensure fairness and reasonableness in contracts</p> Signup and view all the answers

    What are implied terms in a contract?

    <p>Terms that are included in the contract even though not expressly agreed upon or mentioned by the parties.</p> Signup and view all the answers

    Which of the following is an example of an implied term by fact?

    <p>The currency used in a purchase transaction conducted in Barbados is the Barbadian dollar.</p> Signup and view all the answers

    What was the outcome of The Moorcook (1889) 14 PD 64 case?

    <p>The ship was damaged by rocks on the ground during low tide.</p> Signup and view all the answers

    What does the 'business efficacy test' refer to?

    <p>A principle that originated from The Moorcook case, stating implied terms must be necessary for business efficacy.</p> Signup and view all the answers

    Which kind of implied terms are included in a contract due to presumed intentions of the parties?

    <p>Implied terms by fact.</p> Signup and view all the answers

    What do implied terms by custom refer to?

    <p>Terms that are included in a contract due to common practices or customs in a specific trade or industry.</p> Signup and view all the answers

    In the Hutton v Warren case, what was the dispute about?

    <p>Who was responsible for keeping the land arable during the notice period</p> Signup and view all the answers

    How was the dispute in the Hutton v Warren case resolved?

    <p>The court relied on a local custom to imply a term into the contract</p> Signup and view all the answers

    Which test is used by courts to determine if a term should be implied into a contract?

    <p>The officious bystander test</p> Signup and view all the answers

    What are terms that are implied into a contract by custom or trade usage called?

    <p>Customary terms</p> Signup and view all the answers

    Which of the following is an example of a term implied by statute?

    <p>A warranty that goods must be of merchantable quality</p> Signup and view all the answers

    In the example provided, what was the issue with the camera that Alex bought from Brillpics Ltd?

    <p>The pictures taken with the camera were very faint</p> Signup and view all the answers

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