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Law of Contract 2 (Terms and Conditions (Terms (The Moorcock (1889) (D was…

- - - - actually communicated to each other by the parties
    - - parties have not communicated to one another but which the law inserts into the contract
      - the Courts, Statues, customs and practices of a particular trade
      - Business Efficacy - the ability to produce a desired or intended result
    - - D was the owner of a wharf
      - P's ship suffered damage when it was grounded at low tide due to uneven river bed
      - No express term to that effect
      - Implied term in the contract that D would take reasonable care to see that the berth was safe
  - - - P admitted that the crew were insufficient in number
      - This breached a term in the charter that the ship was to be "in every way fitted for ordinary cargo service"
      - The term cannot be classified as a condition or a warranty
      - The breach itself was not serious
      - D was therefore able to only claim damages
- - - - Held: The ticket was only a receipt which was given to P after the contract was concluded and was therefore too late to form part of the contractual terms
    - - Held: there must be reasonably sufficient notice prior to or at the time the contract is formed.
  - - - Sec. 2(1): excludes liability for death or personal injury due to negligence is void
      - Sec. 2(2): excludes or limits liability for any other loss or damage is valid only if it is reasonable under the provisions of the Act
- - - - Illegality
      - Duress
      - Mistake
      - Misrepresentation: false statements prior to contract, voidable/ void