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Chapter 2
Illustration 18 – Terms implied to give
business efficacy
THE MOORCOCK 1889
Facts:
There was an agreement by a wharf owner to allow a ship owner to unload his
ship at the wharf. The ship was damaged at low tide when it hit a hard ridge on
the bottom of the river.
Held:
The court implied a term into the agreement that the river bottom would be
reasonably safe.
Illustration 19 – Terms implied due to
legislation
The Partnership Act 1890 – in the absence of an express provision to the
contrary profits will be shared equally between the partners.
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