The Moorcock (1889) 14 PD 64
The defendants were wharfingers who agreed with the claimant to allow the claimant to discharge a ship at their jetty. The riverbed adjacent to the jetty did not belong to the defendants, and they consequently had no control over it. Owing to the uneven nature of the riverbed adjacent to the jetty, the ship suffered damage on grounding at the jetty. The ship owners sued for a breach of an implied term that the owners of the jetty had taken reasonable steps to ensure the safety of the ships.
1. Whether there was an implied term in the contract concerning the safety of the river bed.
1. That there was an implied term in the contract concerning the safety of the river bed.
That the contract to use the jetty was only possible if the ship rested on the riverbed and that the defendants implicitly represented that they had taken reasonable steps to ensure the safety of the riverbed.