A possible early example is Readhead v Midland Ry (1869) LR 4 QB 376 .

Andrew



On 22/05/11 16:16, Colin Liew wrote:

Dear Alvin,

Thank you for both citations.

I should clarify that I am particularly keen on pre-1982 decisions, as anything after the 1982 Act will not unequivocally exclude the implication being effected as a result of the 1982 Act (unless the judgment expressly makes that clear). Thake, for instance, does not entirely make clear whether the implied contractual duty of skill and care comes from common law or the 1982 Act. Wilson, I believe, expressly referred to the 1982 Act.

I should also clarify that I am looking for decisions which expressly state that there is an implied term at common law in contracts for the provision of services generally. For instance, there are a number of old cases (eg, Lanphier v Phipos (1838) 8 C&P 475)) which talk about "professional services" specifically, and which seem concerned with tort liability rather than an implied term in contract.

Kind regards,

Colin 

On Sun, May 22, 2011 at 11:04 PM, Alvin See <alvin.see@hotmail.com> wrote:

 
Dear Colin,
 
See Thanke v Maurice [1986] QB 644 (CA), Wilson v Best Travel Ltd [1993] 1 All ER 353 (QB), etc.
 
Warm regards,
Alvin

 

---

Date: Sun, 22 May 2011 21:28:27 +0800
From: colinliew@gmail.com
Subject: Implied duty of skill and care
To: obligations@uwo.ca

Dear all,

By virtue of s 13 of the Supply of Goods and Services Act 1982 (c 29), contracts for the supply of a service contain an implied term that the supplier will carry out the service with reasonable care and skill (if the supplier is acting in the course of a business). I seem to recall that this merely replicated the position at common law (the term being one implied in law rather than in fact), but I have been unable to locate the relevant case law to this effect. I would be most grateful if anyone familiar with this branch of the law could educate me as to whether my understanding is incorrect, or otherwise point me in the right direction.

Many thanks,

Colin

--

Andrew Tettenborn Professor of Commercial Law, Swansea University School of Law, University of Swansea Richard Price Building Singleton Park SWANSEA SA2 8PP Phone 01792-602724 / (int) +44-1792-602724 Fax 01792-295855 / (int) +44-1792-295855

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