What is stated in Interfoto Picture Library Ltd v Stiletto Visual Program Ltd (Expressed terms harsh)?
Particularly onerous terms require very clear notice.
What is the J Spurling Ltd v Bradshaw “Red hand term”?
The more unreasonable the term the more prominent it must be.
What is stated in Neocleous v Rees?
Electronic signatures can amount to a valid signature.
What act states that terms can be implied through Law or Statute?
Consumer Rights Act 2015
What are the two ways laws can be implied by common law?
1) Business efficacy and the officious bystander test.
2) Custom and Prior dealings
What is the two part test needed for a contract to work on a business like basis?
1) Is the term necessary to make a contract?
2) If the parties to the contract thought about it,would they both agree that this term would obviously be in the contract?
What is Business efficacy?
The term must be necessary to give the contract business effect.
What is the case for business efficacy?
The moorcock
What happens in the moorcock?
One guy moored his ship at someones wharf and they both knew that the ships would be resting at the bottom of the river when the tide went out. The ships was damaged by rocks and the guy claimed damages.
What was the held for the moorcock?
Courts implied a term in fact,that the river bed would be safe for mooring.
What case did the officious bystander test come from?
Shirlaw v Southern Foundries
What was said in Shirlaw v Southern Foundries?
When a term has not been expressed in a contract, the courts will consider whether an officious bystander would be able to make a suggestion about a term.
