Why did the court imply a term into the contract in The Moorcock (1889)14 PD 64?
A)Because the practice was so well known it was understood to be included in every contract.
B)To sever a meaningless term and save the rest of the contract.
C)Because of prior dealings between the parties.
D)To overcome an omission and give effect to the intention of the parties.

Question

Quizplus · Accepted Answer

The court implied a term into the contract in The Moorcock to overcome an omission and give effect to the intention of the parties. The term related to the safety of the plaintiff's ship while moored at the defendant's wharf. The court recognized that the parties must have intended the wharf to be safe, and therefore implied the term into the contract.

Why Did the Court Imply a Term into the Contract