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Home > Art, Film & Photography > English Implied Terms Cases: Liverpool City Council V Irwin, Attorney General of Belize V Belize Telecom Ltd
English Implied Terms Cases: Liverpool City Council V Irwin, Attorney General of Belize V Belize Telecom Ltd

English Implied Terms Cases: Liverpool City Council V Irwin, Attorney General of Belize V Belize Telecom Ltd


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About the Book

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 31. Chapters: Liverpool City Council v Irwin, Attorney General of Belize v Belize Telecom Ltd, Parsons Ltd v Uttley Ingham & Co Ltd, J & H Ritchie Ltd v Lloyd Ltd, Creen v Wright, South Australia Asset Management Corporation v York Montague Ltd, Transfield Shipping Inc v Mercator Shipping Inc, Hadley v Baxendale, Coggs v Bernard, Thake v Maurice, The Moorcock, C Czarnikow Ltd v Koufos, Victoria Laundry Ltd v Newman Industries Ltd, Shell UK Ltd v Lostock Garages Ltd. Excerpt: Liverpool City Council v Irwin UKHL 1 is a leading English contract law case, concerning the basis on which courts may imply terms into contracts. There was a fifteen storey tower block known as 'the Piggeries' in Everton, Liverpool. It had seventy units, a stairwell, two lifts, and a rubbish chute. Mr and Mrs Irwin were tenants from July 1966. The common parts were vandalised, the lifts did not work, the stair lights failed, the chute was blocked, lavatory cisterns blocked and overflowed. The tenants refused to pay rent. In an action by the council to eject them, they counterclaimed that the council was in breach of a duty to keep the common parts of the estates in decent repair. Lord Denning MR dissented from Roskill LJ and Ormrod LJ and argued that a contractual term can be implied when it is 'reasonable'. After the Moorcock, Reigate and Shirlaw, he mentioned the 'stacks' of cases where terms are implied. Lord Wilberforce held it was a necessary term of living on an estate that landlords keep stairwells in order. However tenants also had a duty of reasonable care and on the facts the council was not in breach of its obligations. Applying the business efficacy or the officious bystander test would not result in the term's implication, but asking what the relationship required would. Lord Cross' judgment went as follows. Implication in fact Implication in la...


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Product Details
  • ISBN-13: 9781155551524
  • Publisher: Books LLC, Wiki Series
  • Publisher Imprint: Books LLC, Wiki Series
  • Height: 246 mm
  • No of Pages: 32
  • Spine Width: 2 mm
  • Weight: 77 gr
  • ISBN-10: 1155551524
  • Publisher Date: 27 Jul 2011
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: Liverpool City Council V Irwin, Attorney General of Belize V Belize Telecom Ltd
  • Width: 189 mm


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