Officious bystander
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in Southern Foundries (1926) Ltd v Shirlaw to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide. The suggested approach is to imagine a nosey, officious bystander walking past two contracting parties and asking them whether they would want to put some express term into the agreement. If the parties would instantly retort that such a term is "of course" already mutually part of the agreement then it is apt for implication.
Link from a Wikipage to another Wikipage
primaryTopic
Officious bystander
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in Southern Foundries (1926) Ltd v Shirlaw to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide. The suggested approach is to imagine a nosey, officious bystander walking past two contracting parties and asking them whether they would want to put some express term into the agreement. If the parties would instantly retort that such a term is "of course" already mutually part of the agreement then it is apt for implication.
has abstract
The officious bystander is a m ...... hen it is apt for implication.
@en
Wikipage page ID
30,196,255
page length (characters) of wiki page
Wikipage revision ID
1,018,853,682
Link from a Wikipage to another Wikipage
wikiPageUsesTemplate
subject
hypernym
type
comment
The officious bystander is a m ...... hen it is apt for implication.
@en
label
Officious bystander
@en