Law of Contract and the Civil Justice System
‘Judges have altogether too much input into the terms of legally binding contracts in English Law.’
‘Judges have altogether too much input into the terms of legally binding contracts in English Law.’ Critically discuss this statement.
Word limit: 2000 words (including footnotes)
Terms Implied by Courts
– Tests developed for implying terms in fact.
– ie the ‘business efficacy’ test.
– The Moorcock (1889): s under this test because without it the The officious ‘bystander’ test
– The officious ‘bystander’ test
– Shirlaw v Southern Foundries (1926)
– Shell UK V Lostock Garages 1976.
– Please note that the test is subjective
Liverpool City Council v Irwin; Tenants withheld rent, point of notation Lord Cross replicated in the case as noted in the case as below
– Equitable Life Assurance Society v Hyman [l2002]
‘Judges have altogether too much input into the terms of legal binding contracts in English Law’
Critically discuss this statement. – Look at the statement from different points of view.
That is what is meant by critical analysis looking at an idea from more than one point of view.
– Writing Structure
– Do not cite cases from a book, please consult
– Introduction sets basis of the argument
– DO NOT USE WIKIPEDIA, LAWTEACHER.NET, WWW.EHOW.CO.UK,INTRODUCTORY LAW GUIDES, TABLOIDS, SOLICITOR WEBSITES, LECTURE NOTES – AVOID LIKE A PLAGUE. NOT AUTHORITATIVE SOURCES TO CITE, THEY ONLY HELP YOU TO UDER STAND.
– ACADEMIC DSCIPLINE DO NOT GO OVER THE REQUIRED WORD COUNT OF 2000
– Different points of view
– Critical analysis
– Have to make your points much quicker, straight to the heart of the essay.
– E.g. – ‘It can be argued’
– On the one hand,
– The above is what critical analysis is.
– On the other hand, don’t say I am going to do this and that,
– Bear in mind that this module is Contract Law and Civil Justice system, need to include the role of the Judge
– Judicially implied terms, don’t waffle
– Legal significance of the case
