The Moorcock
Encyclopedia
The Moorcock 14 PD 64 is a leading English contract law
case, which introduced the concept of implied terms. It has been superseded by more modern approach to implied terms in recent cases such as Equitable Life Assurance Society v Hyman
and Attorney General of Belize v Belize Telecom Ltd
.
argued that the wharfinger
s were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defence, claimed that there were no provisions in the contract to ensure the vessel's safety nor could they have foreseen the damage caused to the vessel. The issue before the Court was whether there can be any implied warranty in the circumstances. The trial court found that there was an implied warranty.
stated that any implied warranties must be based on the presumed intentions of the parties. An implied warranty may be read into a contract for reasons of "business efficacy" and in order to maintain the presumed intention of the parties.
Bowen LJ looked at the presumed risks of the agreement and who was expected to bear them. The wharfingers were in such a position that they must have known that there was a risk of damage to the ship and would be in the best position to judge the safety of the vessel. Thus the wharf owners were under an obligation to ensure the ship was safe to complete the transaction.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case, which introduced the concept of implied terms. It has been superseded by more modern approach to implied terms in recent cases such as Equitable Life Assurance Society v Hyman
Equitable Life Assurance Society v Hyman
Equitable Life Assurance Society v Hyman [2000] is an English contract law case, concerning implied terms.-Facts:Equitable Life issued ‘with profits’ life assurance policies, which are a way of saving for retirement. If policy holders took benefits as a taxable annuity Equitable Life Assurance...
and Attorney General of Belize v Belize Telecom Ltd
Attorney General of Belize v Belize Telecom Ltd
Attorney General of Belize v Belize Telecom Ltd [2009] is a case on which the Privy Council gave advice, relevant for contract law, company law and constitutional law...
.
Facts
The owners of the ship called The Moorcock contracted for space at a wharf owner's jetty in order to unload The Moorcock's cargo. While docked the tide went down to a point where the hull of the ship hit a ridge causing damage to the ship. The plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
argued that the wharfinger
Wharfinger
Wharfinger is an archaic term for a person who is the keeper or owner of a wharf. The wharfinger took custody of and was responsible for goods delivered to the wharf, typically had an office on the wharf or dock, and was responsible for day-to-day activities including slipways, keeping tide tables...
s were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defence, claimed that there were no provisions in the contract to ensure the vessel's safety nor could they have foreseen the damage caused to the vessel. The issue before the Court was whether there can be any implied warranty in the circumstances. The trial court found that there was an implied warranty.
Judgment
The Court held for the ship owner, ruling that the wharfingers were responsible for the safety of the ship while docked. Bowen LJCharles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen QC, PC was an English judge.-Biography:He was born at Woolaston in Gloucestershire, his father, the Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish...
stated that any implied warranties must be based on the presumed intentions of the parties. An implied warranty may be read into a contract for reasons of "business efficacy" and in order to maintain the presumed intention of the parties.
Bowen LJ looked at the presumed risks of the agreement and who was expected to bear them. The wharfingers were in such a position that they must have known that there was a risk of damage to the ship and would be in the best position to judge the safety of the vessel. Thus the wharf owners were under an obligation to ensure the ship was safe to complete the transaction.