The Moorcock
| Jurisdiction | England & Wales |
| Year | 1875 |
| Court | Court of Appeal |
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199 cases
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Ennia General Insurance Company Ltd Appellant v J. Astaphan & Company (1970) Ltd Respondent [ECSC]
...stipulation in question. Such a term however must be necessary in a business sense to give efficacy to the contract. The Moorcock, 1889– 14 P.D. 64. (Term implied that a berth was safe for docking). Bowen L.J. said in The Moorcock: "Now an implied warranty or, as it is called a covenant in ......
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Spring v. Guardian Assurance Plc. et al.,
...Parkinson (Sir Lindsay) & Co., [1985] A.C. 210; [1984] 3 W.L.R. 953; [1984] 3 All E.R. 529 (H.L.), consd. [para. 75]. Ship Moorcock (1889), 14 P.D. 64 (C.A.), refd to. [para. Liverpool City Council v. Irwin, [1977] A.C. 239 (H.L.), refd to. [para. 102]. Scally and Others v. Southern Hea......
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R. v. Marshall (D.J.), Jr., (1999) 246 N.R. 83 (SCC)
...(1951) Ltd. et al., [1999] 1 S.C.R. 619; 237 N.R. 334; 232 A.R. 360; 195 W.A.C. 360, refd to. [para. 43]. Ship Moorcock, Re (1889), 14 P.D. 64, refd to. [para. 43]. Canadian Pacific Hotels Ltd. v. Bank of Montreal, [1987] 1 S.C.R. 711; 77 N.R. 161; 21 O.A.C. 321, refd to. [para. 43]. Church......
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Benfield Corporate Risk Canada Ltd. v. Beaufort International Insurance Inc. et al., 2013 ABCA 200
...Ltd. (2005), 363 A.R. 239; 343 W.A.C. 239; 2005 ABCA 107, refd to. [para. 108]. The Moorcock, [1886-1890] All E.R. Rep. 530; 58 L.J.P. 73; 14 P.D. 64, refd to. [para. Bell v. Lever Brothers, [1932] A.C. 161; [1931] All E.R. Rep. 1; 101 L.J.K.B. 129 (H.L.), refd to. [para. 110]. Jedfro Inves......
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13 books & journal articles
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Contract Law
...SGHC 282 at [59], held that ‘it must be an implied term in the agreement between the parties based on The Moorcock test [The Moorcock(1889) 14 PD 64] that, the defendant would not approach let alone ‘poach’, the plaintiff”s customers’. It is also submitted that such a term could also be imp......
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Defining the Obligation to Perform
...cannot have such business “efficacy as both parties must have intended that at all events it should have” (BOWEN, L. J., in The Moorcock , 14 P. D. 64, 68). But the contract does not stop there. The plaintiff goes on to promise that he will account monthly for all moneys received by him, an......
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General Principles of Interpretation
...an unrealistic one and that, in practice, what the courts actually do is imply terms when it is 193 Williams, above note 171. 194 (1889), LR 14 PD 64. 195 Ibid at 68. 196 See, for example, Reigate v Union Manufacturing Co , [1918] 1 KB 592 at 605 (CA), Scrutton LJ [ Reigate ]. 197 Above not......
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Contract Law
...could guide the implication of terms in a non-commercial context. This is in accord with Bowen LJ's statement of the law in The Moorcock(1889) 14 PD 64. It is worth noting that Bowen LJ spoke in general terms and was certainly not restricting efficacy to only business efficacy. The general ......
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