Abstract

This paper considers the antecedents and the legacy of the case of The Moorcock, a leading authority on the law of implication of terms in fact into contracts. It traces the ‘voyage’ of the precedent through a period of 120 years down to the present day, adumbrating the disputes that continue to surround it and considering the continuing significance of the case for contract lawyers, judges and jurists today, concluding that the Moorcock test is robust, hard-headed and continues to set the fundamental standards for implication in fact to this very day.

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