MOORCOCK CASE

Analysis on the Quote and Moorcock Case



Abstract

“Whenever a person is held bound by a promise or a contract contrary to his actual intent or understanding, it is plain that the liability is based not on some notion of a voluntary assumption of obligation, but on something else” (Atiyah 1978, 203).

The statement above quoted from Atiyah suggests that whenever a person makes a promise or he is bonded by a contract his circ le of responsibility is not only dependent upon the terms mentioned in the contract or promise but it becomes the responsibility of the promise maker that the other party gets the due benefits of the act for which the contract or the promise has been made. Cases, where the other party observes damages due to the object or possession of the promise maker he will have to fulfil those damages as a legal responsibility. The following statements are a part of implied terms under contracts. The category of implied terms is subdivided into many further categories under which one is business efficacy, the ground breaking case under this category is the Moorcock (1889) 14 PD 64. The following paper wills b e discussing the legal law with the Moorcock case. Apart from the Moorcock case the paper will be discussing similar cases and critically analysing all the cases under British law for implied terms.

Analysis on the Quote and Moorcock Case

Introduction

In the legal terminology the responsibility of the court is to act as a neutral who listens to the story of both sides and to suggest what actually the two parties of a certain contract have agreed upon. The role of the court activates in those cases where the parties fail to imply all the terms in their contracts and a situation of confrontation arises. In these cases the court imply the terms on its own. The terms implied by the court of law can be implied under three conditions or categories. The terms implied by fact, the terms implied by business practice and the terms implied by law. The case of Moorcock was when the terms were implied by the fact. The following conditions are implied by the court after reading through the contract and only imply those terms which it expects would have been agreed by both the parties if it had been included in the contract. Secondly, the court implies these terms in conditions when the judgement means to be fair, in some cases the stronger party forges biased contracts which are reviewed by the court and then terms are implied.

Discussion

Terms implied in fact

The terms implied in fact is an implication forced by the court in cases where both the parties haven't signed anything in the contract but their actions have indicated an agreement, the agreement could be a verbal one or through some actions of allowance. A case with this regard was the case of the Moorcock.

The Moorcock case

In the Moorcock case Moorcock was the plaintiff who had entered a contract with ...