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Re The Moorcock

[1889] 14 PD 64

Case summary last updated at 01/01/2020 18:08 by the Oxbridge Notes in-house law team.

Judgement for the case Re The Moorcock

 P contracted with D to unload his boat at D’s jetty, which was unsafe and P’s boat was damaged in mooring. The court implied a term into the contract that D had to take reasonable care to ensure the safety of the harbour, which he had breached and for which he was liable. 
Bowen LJ: An implied warranty…is in all cases founded upon the presumed intention of the parties and upon reason”. CW: the problem here is that had P been aware of the implied term he probably would have charged more for the contract initially. 

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