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LAWS2111 Final
Topic 9
12
Law
Undergraduate 1
06/12/2013

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Cards

Term
Implied terms - not enough that terms are reasonable
Definition
Codelfa
Term
Implied in custom
Definition
Con-Stan Industries
- Insurance and Broker runs off with money
Term
Implied in course of dealings - dealings must be consistent
Definition
McCutchens v MacBrayne
- Ferry sinks with car on it - had used ferry before sometimes signing sometimes no document
Term
In course of dealings - Must be a contractual document
Definition
Hill v Wright
Term
Implied in Fact - Imply if only to give business effect
Definition
The Moorcock
- P docked to D's wharf - damage to bottom of boat
Term
Implied in Fact - Officious Bystander test
Definition
Shirlock v Southern Foundaries
Term
Implications Test Case
Definition
BP Refinery
Term
BP Refinery test
Definition
1) reasonable / equitable
2) necessary for business effect
3) obvious it goes without saying
4) clearly expressible
5) non contradictory
Term
Presumed intend of the parties
Definition
Codelfa
- common contemplation not enough
Term
Implied in law - implied obligation but not complete
Definition
Liverpool v Irwin
-housing case - The 'piggeries'
Term
Good faith and performance - partys will do all necessary to carry out the obligations in the contract
Definition
Mackay v Dick
Term
Implied terms and evidence
Definition
Codelfa - only where ambiguity
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