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The Moorcock : ウィキペディア英語版 | The Moorcock
''The Moorcock'' (1889) 14 PD 64 is a leading English contract law case, which introduced the concept of implied terms. It is well known as the origin of the business efficacy test for terms implied in fact. ==Facts== The owners of the ship called ''The Moorcock'' contracted for space at a wharf owner's jetty in order to unload ''The Moorcock's'' cargo. While docked the tide went down to a point where the hull of the ship hit a ridge causing damage to the ship. The plaintiff argued that the wharfingers were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defence, claimed that there were no provisions in the contract to ensure the vessel's safety nor could they have foreseen the damage caused to the vessel. The issue before the Court was whether there can be any implied warranty in the circumstances. The trial court found that there was an implied warranty.
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