Liverpool City Council V Irwin
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{{Clist implied terms ''Liverpool City Council v Irwin'' UKHL_1
is_a_leading_ UKHL_1
is_a_leading_English_contract_law">976
UKHL_1
is_a_leading_English_contract_law_case,_concerning_the_basis_on_which_courts_may_Implied_terms_in_English_law.html" ;"title="English_contract_law.html" ;"title="976
UKHL 1
is a leading English contract law">976
UKHL 1
is a leading English contract law case, concerning the basis on which courts may Implied terms in English law">imply terms into contracts; in particular in relation to all types of tenancies (including leases of land), a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts.


Facts

Three 15-storey tower blocks were built in Everton, Liverpool in 1966. Each had 70 units, a stairwell, two lifts, and a rubbish chute. Mr and Mrs Irwin were tenants from July 1966. The common parts were vandalised, the lifts did not work, the stair lights failed, the chute was blocked, lavatory cisterns blocked and overflowed. The blocks became nicknamed "The Piggeries". The tenants, conducting a
rent strike A rent strike is a method of protest commonly employed against large landlords. In a rent strike, a group of tenants come together and agree to refuse to pay their rent ''en masse'' until a specific list of demands is met by the landlord. This can ...
, refused to pay rent. In an action by the council to eject them, they counterclaimed that the council was in breach of a duty to keep the common parts of the estates in decent repair.


Judgment


Court of Appeal

Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
dissented from Roskill LJ and Ormrod LJ and argued that a contractual term can be implied when it is ‘reasonable’. After ''
The Moorcock ''The Moorcock'' (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and o ...
'', ''Reigate'' and ''Shirlaw'', he mentioned the ‘stacks’ of cases where terms are implied.


House of Lords

The House of Lords held that there was an implied term that the landlord should take care of the common parts of a building. This duty was implied on the basis that it was necessary to do so. But on the facts it was not breached because the council was not responsible for the damage done. The tenants also had a duty of reasonable care, and so they were not entitled to withhold rent on the facts.
Lord Wilberforce Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of S ...
held it was a necessary term of living on an estate that landlords keep stairwells in order. However tenants also had a duty of reasonable care and on the facts the council was not in breach of its obligations. Applying the business efficacy or the officious bystander test would not result in the term’s implication, but asking what the relationship required would.


See also

*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*
Implied terms in English law Implied terms in English law are default rules for contracts on points where the terms which contracting parties expressly choose are silent, or mandatory rules which operate to override terms that the parties may have themselves chosen. The purpo ...
;Implication in fact *''
The Moorcock ''The Moorcock'' (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and o ...
'' (1889) 14 PD 64 *''
Shirlaw v Southern Foundries Ltd ''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious by ...
''
939 Year 939 ( CMXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Hugh the Great, count of Paris, rebels against King Louis IV ("d'Outremer") and gains su ...
2 KB 206, 207 *''
Equitable Life Assurance Society v Hyman ''Equitable Life Assurance Society v Hyman'' implied_terms. _Facts The_Equitable_Life_Assurance_Society.html" ;"title="English contract law">000UKHL 39is an English contract law case, concerning Implied terms in English law">implied terms. Fact ...
''
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
1 AC 408 *''
Paragon Finance plc v Nash ''Paragon Finance plc v Nash'' 001EWCA Civ 1466is an English contract law case concerning unfair contract terms. Facts Paragon (t/a National Home Loans Corporation plc until 1997) was claiming possession from Mr and Mrs Nash in South Norwood fo ...
''
001 001, O01, or OO1 may refer to: *1 (number), a number, a numeral *001, fictional British agent, see 00 Agent *001, former emergency telephone number for the Norwegian fire brigade (until 1986) *AM-RB 001, the code-name for the Aston Martin Valkyrie ...
EWCA Civ 1466 ;Implication in law *''
Shell UK Ltd v Lostock Garage Ltd ''Shell UK Ltd v Lostock Garages Ltd'' 9761 WLR 1187 is an English contract law and UK competition law case concerning implied terms and restraint of trade. Facts Lostock and Shell had a written contract that Shell would supply petrol and oil ...
''
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after ret ...
WLR 1187 *''
Scally v Southern Health and Social Services Board ''Scally v Southern Health and Social Services Board'' 9921 AC 294 is an English contract law case, relevant for pensions and UK labour law, concerning implied terms. Facts Dr Gabriel Scally and three other doctors were employees of either th ...
''
992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...
1 AC 294, *''
Johnstone v Bloomsbury Health Authority ''Johnstone v Bloomsbury Health Authority'' 992QB 333 is an English contract law case, concerning implied terms and unfair terms under the Unfair Contract Terms Act 1977. Facts Dr Chris Johnstone was a junior doctor in the Obstetric Department ...
''
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...
2 All ER 293 *''
Mahmud and Malik v Bank of Credit and Commerce International SA ''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employmen ...
''
998 Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...
AC 20 *''
Crossley v Faithful & Gould Holdings Ltd ''Crossley v Faithful & Gould Holdings Ltd'' 004EWCA Civ 293is an English contract law case, concerning Implied terms in English law">implied terms in employment contracts. Facts Crossley was a long-standing employee and director of Faithful & ...
''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda ...
EWCA Civ 293


References

*E Peden (2001) 117 LQR 459 Lord Denning cases English implied terms case law 1977 in British law House of Lords cases 1977 in case law Liverpool City Council 1970s in Liverpool