The Moorcock (1889) 14 PD 64 FACTS: There was a contract between the defendants, who owned a Thames-side wharf and jetty, and the plaintiffs, that the plaintiffs' vessel, The Moorcock, should be unloaded and reloaded at the defendants' wharf. The Moorcock was, accordingly, moored alongside the wharf but, as the tide fell, she took to the ground and sustained damage on account of the unevenness of the river bed at that place. The plaintiffs brought this action for breach of contract. HELD: There was an implied term in the contract that the defendants would take reasonable care to see that the berth was safe as [...]. There was a breach of this implied term.
Answer
both parties must have known at the time of the agreement that if the ground were not safe the ship would be endangered when the tide ebbed
Tags
#contract #law #terms
Question
The Moorcock (1889) 14 PD 64 FACTS: There was a contract between the defendants, who owned a Thames-side wharf and jetty, and the plaintiffs, that the plaintiffs' vessel, The Moorcock, should be unloaded and reloaded at the defendants' wharf. The Moorcock was, accordingly, moored alongside the wharf but, as the tide fell, she took to the ground and sustained damage on account of the unevenness of the river bed at that place. The plaintiffs brought this action for breach of contract. HELD: There was an implied term in the contract that the defendants would take reasonable care to see that the berth was safe as [...]. There was a breach of this implied term.
Answer
?
Tags
#contract #law #terms
Question
The Moorcock (1889) 14 PD 64 FACTS: There was a contract between the defendants, who owned a Thames-side wharf and jetty, and the plaintiffs, that the plaintiffs' vessel, The Moorcock, should be unloaded and reloaded at the defendants' wharf. The Moorcock was, accordingly, moored alongside the wharf but, as the tide fell, she took to the ground and sustained damage on account of the unevenness of the river bed at that place. The plaintiffs brought this action for breach of contract. HELD: There was an implied term in the contract that the defendants would take reasonable care to see that the berth was safe as [...]. There was a breach of this implied term.
Answer
both parties must have known at the time of the agreement that if the ground were not safe the ship would be endangered when the tide ebbed
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Open it t of the unevenness of the river bed at that place. The plaintiffs brought this action for breach of contract. HELD: There was an implied term in the contract that the defendants would take reasonable care to see that the berth was safe as <span>both parties must have known at the time of the agreement that if the ground were not safe the ship would be endangered when the tide ebbed. There was a breach of this implied term.<span><body><html>
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