Cases - The Moorcock

Record details

Name

The Moorcock

Date

[1889]

Citation

14 PD 64 CA

Keywords

Contract – shipping – implied terms - business efficacy – whether wharfinger liable for damage to vessel grounded in tidal river

Summary

This case is the authority for the 'business efficacy' test in relation to implied terms, which was expressed as follows:

'The implication which the law draws from what must obviously have been the intention of the parties, the law draws with object of giving efficiency to the transaction and preventing such a failure of consideration as cannot have been with the contemplation of either side.'