okay good afternoon once again and welcome to continuation of our discussion of terms of contracts i told you that we were going to continue from where i asked this afternoon unless someone has a question on what you're listening to otherwise we'll continue with today's topic what is implied terms maybe let me wait for okay just a quick recapitulation of what we have been doing so far in the terms of contracts we've explained what we mean by terms of contracts and we've also made the point that it is necessary to properly classify the viral statements which are made at the pre-contractual state that is the negotiation state and we have noted that some of the statement made before the contract is actually concluded may just be a representation in which case it just meant to induce the other party to make up his mind one way or the other went into the contract if it turns out to be untrue it can only give rise we're not seeing a misrepresentation and not a breach of contract because not part of the tense of the contract we've seen that and again it once was seen that where the statement was meant to form part of the contract then that is attained should it turn out to be untrue or should it be uh should it not be carried out that will give rise to a breach of contracts so we came to the next question that how do the courts go about trying to classify these statements we said that four rules of tumbles four guides are there the timing of the making of the statements importance of the statements and we also look at the father's weather uh the statement made the contract the subsequently written so that if it was subsequently written and samsung just said that word of mouth did not find its way into the written one then the assumption is that it wasn't meant to form part of the contract and i think the fourth uh or another requirement is that the court will look at the expertise or the special knowledge or skill of the maker of the statement so that if the make of the statements are supposed to be an expert or something like that then that is what would actually uh guide the court in making the determination as whether the statement is a term or representation now we would like to continue with our discussion of terms by looking at implied temps implied terms so as the term itself suggests we are talking about a basement which the parties to the contract have not necessarily negotiated the parties to the contract have been necessarily negotiated but they have not necessarily applied their minds to and yet for some other reason the court is saying that if you form part of the terms of the contract that is why i said that they are implied as opposed to express express stance that is where the parties themselves are actually negotiated or they have uh put their mind to it and say that we want this also form part of the terms of the contract as it were yeah so on what basis well times which the parties are not as well negotiated be considered as forming part of the contract in other words how do we get implied terms so that is what we are going to be if we look at the literature we have like three main ways in which terms will be implied tens will be implied by statute that is act of parliament or any enactment test may be implied by a custom test may also be implied by the court so let's look at this one after the other terms implied by starting we have a legislation who says that for certain types of contracts certain things should be considered as forming parts even where the parties did not actually include them in the contract or you may have a legislation which says that for certain types of contracts some matters should be provided for so we are making this provision in the event that the parties do not include them then what we have provided in the law would automatically be considered as common part of the quota so some of the implied terms are default to the sense that the parties to the contracts who decide to disable them who decide to make their own arrangements so that they are not binding a lot of examples if we look at the sale of use act for example the sale of boost acts let our one million commercial law in the third year it is the legislation would govern the relationship between the buyer and seller of movable goods we say movable that is any good or item which is not to move up for which is not like the long [Music] [Music] in which certain terms are being stipulated as forming part of the contract between the buyer and the seller of a good of goods a number of them some of them are mandatory some of them are permissive or default meaning that the parties may decide to negotiate something different so there are a lot of examples with this for example if you look at this we have a implied term concerning the quality of the good soul that where there's a contract between a buyer and a seller of a good there is implied thing that the goods or the item being sold is for example fits or suitable for purpose for which such an item is actually made and so on so therefore where the contract is being silent on that where one part is in there but we never really agreed upon the type of quality the item should be the sale of boost act has made a provision for that and there's a case a very old case uh farah against robin hood farm is limited if you you can read that case later but there was a contract for sealed or purchase of a flour and an issue arrows as to the quality and a dispute was that yes no specific quality have been negotiated and soon but the court was prepared to rely on the provisioning of the school of boost act and say that yes whether or not the contract is silent the style of booster makes provision for the quality of what is being sold under the contract the sale of goods then again we also have another implied regarding existence of specific goods if you go to the sale of whose law it will have two main types of boost we have what we call specific rules as opposed to uh honestly for some people to add category ascertain uh goose and some of you instead of listening to what i'm saying you are paying attention to what means me and i will see how how important he misread this when he was absent not happy you see okay okay so let's uh move on give me your worker good yeah so the number of provisions regarding sales or goods which qualify us implied terms then we cannot there are a lot of examples all that i have mentioned are just some of the examples to look at 69 implied time as resistance of specific goods and it was going to explain that and mimik came in so when we say specific rules especially specific good and the sale of whose law refers to united or article which has been identified and agreed upon by the parties either before by the time the contract is given so that if we have contracted about let's say the phone if you have seen it and you know that this is the item we are contracting about then that is a specific rules as opposed to use let's say that if there are thousands of sugar in the warehouse and i say that i'm buying 100 bags of sugar yes we have agreed on the quantity but should we go to the warehouse we have thousand bags of sugar supplement which of those bars of sugar are referable to the contrast between us who need to go through process of entertainment we do something to let the hendra become set apart from the whole laws either you do marking some solution and so on so that we know that this is the handling we need to go through processor as a table not until as the payment is done the booths are called under the table goose but when it comes to specific goods because you have seen it before the contract is made the law says that the seller has an implied obligation to ensure that the item is actually present and that is very important of course not only the existence of lose when it comes to delivery of goods by the seller they may be questioners who the contract was silent on when the boost will be delivered or when payment then the law makes the provision that in the contract for sale of goods uh there's implied 10 the delivery of the boost by the seller concurrent or payments for the use by their buyer so as delivery is made they're also supposed to make a payment of course unless the parties agree otherwise but if they haven't specifically negotiated that then this provision will example of terms implied by status there are so many circles which in one way or the other implied test so we would like to also mention the conveyancing act we take like the conveyancing act of 1973 which has now been more or less be replaced substantially by the new land acts we have covenants if you see a communist obligation for the transfer role and the transferee in other words if there's a contract or transfer of interest in land the owner of the land the landlord called the transfer road and another person let's say the tenant or the lacie certain obligations are supposed to be observed by the landlord or the transfer i give you just one example for example there is what they call the right to quiet enjoyment that if someone has taken maybe has rented a room or has taken a list of your property now you as a landlord or the landlady the law imposes an obligation on you not to interfere with the tenants or the legacy or the transferee for the period that the tenancy or the sublease or whatever would be a force don't interfere with his or her in quiet enjoyment in other words you have to let a powerful possession and enjoy the particular room or accommodation as well now if the contract is silent on for example this particular thing there's a law we say that there's an implied covenant an implied obligation has to hide the germans so again as i have told you the number of legislation in which uh we have terms we imply in one way or the other so all that you need to know is understand that terms may be implied by law in other words there may be law which says that for certain types of contract certain matters should be included in the content of the conference so then you get an example of such law so you mentioned a number of them which you can have i mentioned the case of the the the review limit which is illustration of the implied term so let's talk about another way by which will be implied that is uh terms implied by a custom terms implied by a customer how may a custom uh bring about terms on what basis maintenance being implied using customer well when we talk about custom we are talking about local maybe trade usages or practices either in a certain industry or in a certain community some practices may be so well established that all those that operate in that particular industry or that particular community are very much conversant with those who say this or practice that no one would deny or no one will contest that so that will become a custom so in a situation like that where there is a contract in such an industry or certain community in respect of which there's a certain settled practices or custom even if the contract is silent on that particular team reference can be made to that custom in order to read those terms with the parties have not expressly incorporated into the contract into it so that is what we have to pay attention to there's a very uh old case a case of a hurting against worry hurting that means worrying because we are friends with you i am happy to all party yes again is worrying because it's part of what asked me to read i asked you to do some reading and i know where to read and smile okay so hackman candice hackman the candies the where candies hackman prince what okay so since there are no thoughts coming i'll tell you what happening and worrying in hutton and warren there was a contrast between a landlord and attendance in relation to farmland and there was a local custom to the effect that attendant was bound to farm according to certain cause of husbandry and when the tenancy is coming to an end the farmer was entitled that is the tenant to a fair allowance for seed and labor on the arab world so you have to find your particular way should we decide to end the relationship and probably leave the farm there was a custom that you should be giving some of the seed and some if you like a bit of payment is made for you for the labor that you have provided now when i dispute a rules and the matter came before the court of a second the court was prepared to say that yes so long as evidence was clear regarding existence of this particular customer the list which had been made between the parties was going to be interpreted in the light of the customer the custom that once someone is farming according to certain uh approach of farming certain husbandry practices and should he decide to leave the farming and want to go in his way the custom was that yes you have to the owner of the land will have to give some of the seed and also make some a bit of allowance for the liver that he has expended on the farm and all that now these matters were not expressly contained in the list but the evidence was taken and the call became convened that yes that was the practice of the usage in the community and on that basis the courts the lease or the agreement between the unknown of the land and the farmer in the light of that person a number of examples can be given as far as a local custom is concerned just like you come to our own place there's something called on your landlord later on someone who have like the farm is given to you to farm and the produce is supposed to be split into let's say you are giving one one goes to the farmer one goes he's supposed to use for the movement of the farm and so on and of late there has been this debate that uh it's not just about sharing of the produce but about splitting the the farm and so on all these are methods of custom so the point being made is that for certain types of contracts some additional things or some additional obligations or rights for the parties may be read into it that is maybe implied into it on basis of existing customs so let's [Music] okay good now a similar thing happened in our own backyard the case of party [Music] which the plaintiff thought should have been a history of the the products of two cows left with the plaintiff by the defendant for adjustments and the plaintiff alleged that by an aura agreement between himself and the defendant in the team that assists he undertook two are just feed breed and take care of two cows deposited with him by the defenders the defendant just made two house and according to the plaintiff the terms of the agreement were further that the defendant will pay the amount of money five sellings on each of the first two cars produced and that is entitled to the third car and every subsequent car has compensation so you have to we get more cows the third one is for me the next two are for you the third one for me the third one for me according to the places that was the agreement and the plaintiff further alleged that these terms of the contracts were based upon a local custom of catholic he was trying to say that it was a subtle practice a subtle usage among them and that the parties specifically incorporated this custom in the aurora agreements and the places fella made the point that the cows could lose 46 calves and according to the custom of economic breeders and provisions of agreements the plaintiff was entitled to 15 cows but the defendant had given him only two cows so you have the shortchange of how many calves 15 cows and they are going to be giving two so how many okay some of you you definitely have to go back to commerce so the defendant uh nine these allegations and accepted that the plaintiff and i took to adjust their cards for no child but as an act of friendship that we are friends with brought my car for me to address and the courts held among other things that the court reinforced and you say once it was proved that it was accepted as a binding rule regulating the conduct of parties to a transaction within a particular trade so often that is the most important point that if evidence can be brought to establish that a certain usage for certain practice is very much the case as far as a certain industry or certain business is concerned that when there's a contract in that particular area even where the contract is absent i mean when the contract is silent on it the court can take evidence and read those other things into it and that the court of appeal made a point further that usage was a question of fact and it was for the court to determine as a fact the resistance of the customer yeah so just giving us an idea of how we can establish that a castle existed and the call to say that the custom was proved not from what the witnesses told the customers but by facts would establish what was publicly done in the particular trade in the district where they dispute a rules so if we look at it the custom being referred to here is very similar to how customer load is also defined in the construction if you remember the faces of personal law as pair at 11 can you be kind to tell us there any time any number now anybody [Music] yes three [Music] is no somewhat similar to the reason of the court because when the court said that yes uh we have to look at the facts and find out what was publicly done in the particular trade made a point that if we look at the circumstances of this case the witnesses who gave evidence of the three custom able to cite instances in which a party are submitted willingly to what was said to be the customer's mode of performance or the customer claim thereby recognizing the binding force of the customer simply the court is trying to say that you don't just say that is the customer and then the court will accept it and returns the call to need to be persuaded that yes as a matter of fact publicly that's what is known to be the customer and even you the parties your actions previous conduct should also be understood as having respected that custom has been binding upon you as it were all those things are very important in establishing the existence of the customer i also like you to look at the case of the haslam enterprise limited against the ibm world trade corporation and the court will still re-emphasize the point we have seen in the quarter in the nogakis regarding how a custom is established and how a custom may also be rely upon to imply things and sometimes in appropriate cases it may even be used to control the scope for the operation of the express term of the contract now let's look at the third way in which things implied terms implied by the cost to imply things in other words in addition to what the parties are expressing included in their contracts the court tool may read some tests into the contract so those are what we mean by tells implied by the court and how does the post imply tests that is what we want to look at how does the thought implies well as far as the courts are concerned they may imply tests in one or two ways the costly blighters either in fact or by law what do we mean by this plastic terms implied by thoughts in fact they will come in tip tiptoes implied by codes in law now when the courts are interpreting terms implied are in fact they are seeking to give effect to the unexpressed intention of the parties in other words the courts are trying to say that if you look at the express steps which the parties have made they may be certain things which are mixing or certain omissions and if the attention of the parties have been drawn to it they will have readily agreed that it should be included as part of the test so when the courts are trying to do that the course is that they are not doing anything strange they're not doing anything different from what the fathers themselves have done and that they are trying to give respect to their unexpressed intentional violence so there are two ways in which the court may want to imply tests so first attempt may be implied by the courts because it is necessary to give business efficacy to the contracts and this is expression you didn't forget business efficacy to the contract so the court may imply and what do you mean by that that is to say that the courts are saying that if these cells are not read into the contract are not supplied into the contracts the contract which the parties have made cannot achieve with purpose it would be unworkable and the parties did not intend to have a recovery contract the parties wanted the contract to work again but the courts are saying that if we do not read these terms and just leave the contract as me it will be impracticable it will be awakened the purpose for which it was made be defeated and that certainly was not the thinking of the parties that we make a contract in which we cannot carry it out we cannot achieve the purpose and for that matter the court will try and fill in they're supposed uh like a gap to make it and and it's doing that in order to give business efficacy to let the contract be able to serve his purpose in a very well known case and every student i say every student so if after not even after this class because i ask you to read if after this time you don't know it then you are yet to become law students of contracts and the cases the mu caucus the mukwork is very interesting case and because it's interesting some of you have started showing science that if you want your home you will not speak are not also called you so what happened in the world the defendants were a wife fingers who had agreed that you know what i think it's just like we have something like it like a mini uh pot uh if you like jessie haven't that they had agreed that in consideration of payments to be made for london and non-sustained cargo they were allowed the places a ship owner to have uh his ship the shad has the objective the jetty is like even like a mini apple or mini seaport the jetty extended into the tapes river teams because we've been to london and as both parties realize the vessel must ground at low time that is when the water is low then if the water is low and then the ship comes the ship will go to the seabed and that is dangerous that is another thing good now the ship eventually came and when it was unloading the tie and she actually settled on a rage uh had a ground beneath it the water remember displacement in science then it's how to land on the hard gun and that caused serious damage to the vessel so that all now the shape see the unout the jets for the compensation that you accepted that my ship will stop here load and unload and you did not let me know that the tide or the water level was no good so that if my ship came there was a high risk that the ships were trolling uh have to get down to the ground and they may be a rock or something like that which will cause disruption the contract or silence on whether the duty of the the owner of the facility included a letting a ship owner who wanted to bring the ship as to whether the timing in terms of the level of the water was safe or nothing the contract was very much silent that so when the mata came to court the defendants among other things argued that well they had not guaranteed the safety of the of the anchorage or like the ship that to be saved that was no part was the of of the contracts but the courts disagreed and their lost especially lord justice bowie uh speaking for the courts had the following to say and i quote and if you read what does it read you have come across it already so quotes i believe if one were to take all the cases and there are many of implied warranties of evidence in law it will be found that in all of them the law is raising an implication from the presumed intention of the parties of the object of giving to the transaction such efficacy as both parties must have intended that at all events it should have in business transactions such as this what the lord desires to effect by the implication is to give such business efficacy to the transaction us must have been intended at all events by remove parties who are businessmen the question is what influence is withdrawn where the parties are dealing with each other on assumption that the negotiations have to have some fruit and where they say nothing about the bedding of this unseen family leaving the law to raise certain conferences as a reasonable from the very nature of the transaction unquote so lord justice bowen emphatically articulated the principle that so long as we accept that the parties to the contract are businessmen such as we saw in the mukworks then certainly they must have intended even if that intention is not evident if it's not apparent if they did not expressly say so that they wanted the contract to achieve its purpose and for that matter where the contract is silent it will not be out of place for the court to read additional attempts to fulfill the presumed but unexpressed intention of the parties so coming back to the facts of the mu caucus you know by the way before i come back to that somebody would be wondering this the moonko what is that well the mocop is actually the name of a vessel and henceforth when it comes to vessels or ship related faces we often don't use the name of the parties themselves in the suit we use the name of the vessel as the title of the case so like the mook the mooncock is not the name of a person the name of the the vessel and so that is how uh it tastes just like those who took discussion of damages last semester seriously you came across henry ii and henry one remember that here on two some are pretending but yeah yeah so coming back to the moonport the first of the mukworkis the court was saying that subtle as reasonable businessmen is beyond dispute that no businessman will bring his ship to your facility and say that well i don't expect that you have any responsibility concerning the safety of the the vessel that have brought you no businessman would do that so that was what the court was trying to suggest and for that matter the court said that in order to give in order to actually give effect to what in order to give effect to what the parties are agreed upon uh it was necessary to read additional terms so the court read additional terms to give business a fake ass so i hope you all understand how things are implied by the thoughts in order to give business because and the authority which you should never forget in the case of the you never forget whether you are sleeping or you are awake yeah so if you read the case of abdul and nat the mukha principle of supply and the letter of authorities in which mukhok has been applied so for example uh just to let you know that our course readily applies let's have a regard to holding two of abdo and native the point was made as a tribe that imported into the contract and implied them that on failure by the defendants to pay the balance of due dates their rise to procession and to the rent of the premises are seized the point continues it is elementary that no principles have been blind in a written contract unless such terms can said the mutually intended and necessary to give business efficacy to their countries it seems manifest that such attend will not have intended by the parties much less by the defendants so simply the court industrially means that for one reason another reason is to ensure that the parties achieve their business of also making that conference the court may want to imply things another way by which the court may imply things in fact you are children with sam's implied by court in fact we haven't come to terms implying by quoting law become dead another way by which the court may imply terms in fact is when the court is making use of the officials bystanders officials by standards and what do you mean by that well by this approach what happens is that the court is implying them reading terms on the basis that if a bystander had been present at the time the two parties were negotiating the contract and if that bystander had drawn attention of the two parties to something which appears to have escaped them there are two parties who have readily agreed and we've been shall yes of course yes or no this is also part of it in other words the regular accepts what the bystander has suggested without even disputing it and it may well be that it was just in albertans which had made it a symptom so the courts may assume position of the official bystander and try to read additional terms if it is in a legislative uh drafting of the prediction quota to fill their causes or misuse what the parties have actually omitted then they would try and put them because in that case the court is saying that if at the time the two parties were making the contract they have been and disinterested by standard generally observing and listening what the old facts were doing and realizing that something essential had escaped them and just pointed out to them and both artists who have readily agreed and said yes yes of course it's part of what we are trying to do so the court can use that to also imply all implied terms as happened in the world new case of spring against national amateur stevedos and darkest society very interesting case decided in 1956 and [Music] a male or female so by the combination of the names are not without interest a male or female male yes michael what are you michael yes prove prove that you are really here you are a man so what happened in spring against national american symbols and local society but did you come across in the wake we allow you to do a look at your paper can you see it you yes anybody any volunteer okay since you're no volunteer volunteer myself the defendants in spring case and the transport in general workers do not agree at the trade you know congress at the brad linton in 1939 certain rules for the transfer of members from one union to another this was called bright lincoln agreements in 1955 the defendants in breach of this agreement admitted the plenty to bear society he knew nothing of the agreement that is nothing of the blind written agreements nor was it especially included in the defendant rules the breach of the agreement was submitted to the disputes committee of the tribunal congress which ordered the defendant to expel the plenty from their society when the defendants fought to do so the plaintiffs with them for breach of contrast claimed a declaration that this fortune was for various enhancement intentions to prevent that the defendants on the other hand suggested that attempt to be implied in their contracts on the places that they should comply with their blight limited agreements and take any appropriate steps for feelings so eventually when the matter came before the courts the first quote or the court of first instance at lancaster we just rejected their suggestion and granted the declaration that they have been breached and a point was made by lord versus a macronutrient which provides the requisite support for the principle that we are trying to develop and i quote quotes if that test was to be applied to the fact of this case and the bystander had asked the plaintiff at the time when the plenty paid is five selling and signed acceptance form would you put into it some reference to the right latent agreements i think indeed i have no doubt that the places were answered what is that in other words the court was trying to say that we would only imply terms in fact going by this official by conductors if the situation is said that the particular term you are proposing has been a term which is implied in fact is it such that at the time that they contact if we decide to play back can we say that if a third party had been present when both parties were negotiating the contract [Music] so that is the important test we should use in trying to imply that well let's come to the second week by which the course imply takes two terms implied in law to still tend to apply by quote at this time terms implied by courts in law if you look at terms implied by political facts using the officials by standards and they're using the business for african assistance so they're going to talk about terms implied by the faults force below and that is pretty straight forward what happens is that when terms are the law they are implied into all contracts of a particular kind and that inverses what do you mean by that with respect to terms implied in facts the terms implied in fact whether by business advocacy or by officials by standards those steps are implied in the contract between the two parties and does not make an investor rule investor principle but with respect to terms implied in law when terms are implied law implied not only to a contract between a and b but they are implying to contracts of the same kind as a contract between a and b that may happen in future and the part will be doing so usually as a matter of public policy and a typical example before we came to have the labor acts before i came to our labor act of 2003 for example we used to have various case law judicial decisions on various aspects of employee employer contract employment contracts master servant relationship and for example the common law will profound a principle dance in the contract between employer and employee the employer can summarily dismiss the employee if the employee disobeys reasonable instruction by the employer so let's say that this is a principle which one case has developed now terms have been implied but it's not going to be restricted to the particular case in which this principle developed should there be other contract of employment other contracts between employee and employer the court will say that yes it is there's implied duty that the employees who obey reasonable instruction of the employer otherwise the employer reserves the right to summary dismissed employee so that is what we should take note of yeah so uh that's my my difference so since we are friends you can come and put my power on some of you to go yeah so we were talking about terms implied by the courts in law and we made the pointers where terms are implied in law what it simply means is that they are implying to all contrast of a particular kind and the court is trying to put into effect the party's intention and at the same time it's also trying to impose an obligation on one party maybe such as public policy you'll be discussing illegality and public policy and public policy may come in to change or modify other parts of agreed upon for example you enter into a contract and let's say you say that when you stop working for your employer you're not going to do any similar work for any other employer for the rest of your life public policy will come in and say that such a contract and restraint or trade is unreasonable because the duration by which you are binding yourself not to work for arrival of your former employer is excessive and unnecessarily long you know so that is what uh we should uh keep in mind now who also came across the case of uh liverpool city council against aaron since some of you are football lovers liverpool city council very interesting case as well as the case of the uh leicester against rumford high school uh storage did you come across it yes yes good what's your name papaya please let us hear you about the link all right yes because my half i started getting publications so that's why i was worried [Music] here [Music] yes [Music] um [Music] um [Music] no we are talking about liverpool city council against our remember we are taking us to remember that in the uk [Music] um no no no what you have said is a very interesting answer for another case what is not being discussed now so maybe let's come back to the case we are discussing now we are talking about liverpool city council against hawaii i mean that you know the city council they own a lot of flats they go to wikileaks and know that so this dependent was living in one of those plants and and [Music] yeah so in liverpool against irwin the defendants were living in flats owned by the plaintiff city cancer cancer plants and it had tests and also lips but that building or subjects matter of regular vandalism just like how some of you students behave in some of the house of residents which we shouldn't do by the way but if we did that we will arrest you when we arrest you not only taking it to the police station whenever this mystery you don't want to be dismissed so you have to compose yourself as a serious student so the rubbish were left by some of the tenants the circus that the the limits was not working most of the times and all that so it got to a time the defendant became fed up and said that not until the city council as the owner of the property are put it in order they protested that we're not going to pay the rent if you don't fix the broken stairs the mercy you know the rubbish and all that if you don't do that whenever you pay the rent so they steal their defenders in order to get them out for having breached the contract because you are saying you pay the rent so you are denying the title of your landlord now when the matter came before courts the liverpool city council among other things i knew that there was no implied test on their parts that they would actually keep the broken stairs and lifts and face all loosened there was no implied terms in the contract imposing that obligation on the council so that was their argument but the house of loss rejected that argument and held that it was necessary to consider what obligations the nature of the contract itself implicitly requires what obligation the nature of the contract itself implicitly requires what is the conference the contract for people to have accommodation in a property owned by you and all that if the owner of the property did not have obligation to ensure that the property was kept in a very safe and proper order and so on well it'll be fit for accommodation so that was the kind of reason the house of laws was referring to but the court was also prepared to say that since it was not possible to live in such a building without access to the stress and provisioning of a late service it was necessary to imply some to these matters if we will read the story the full judgment these people were living on the ninth floor of the 15th story there is a 15th floor tower and the defenders were living on the ninth floor the stairs were out of order and then i mean the left were out of order and the cell 2 was actually not kept in good condition as uh as they put a lot of rubbish and other things uh on the set as it were so the part was saying that the finance has been on the ninth floor secondly [Music] or the circuit should be in the propeller order so that's why the fact that the contract might have been silent on this obligation on the path of orlando the court also the viewers have in regard to the nature of the content it was necessary to imply or to read in these additional obligation and the court held for that that it was sufficient to imply an obligation on the landlord to take reasonable care to maintain to maintain the common parts in the state of reasonable repair so that was the thinking of the of the courts as it were so please i've noted that you are not taking briefing of your cases seriously i'm going to uh give you all this material and then reading this as well before i come to class nursing you must have break all the cases i'll call your name when i come this way god will not call your name you're not standing right where you come next time by my side unless you move and then everybody will look at you and then i will subject you to interrogation regarding the cases but that is the only way i have to use the naming and shaming approach so that you set up and read you are too young i don't know what to do with your time as an old man like me i go to bed at 2 a.m and i don't see what you do with your time so if you are not learning then i don't know what you are doing you have just how many seconds four or five what it means to have 10 it's nothing what do you do with your time don't waste your time on social media please don't waste your time on social media if you are using social media apart from stricter process of learning don't waste your time when you go home on vacation you can do that when you are in school as a law student there are too many things to read but the time is not enough if you want to be a serious law student and become a serious lawyer for serious legal basis in future you have to read so all the cases that we mentioned we as lecturers we can't have the luxury of time to go into the nuances of every single case with you we only give you the digest and the aspects relevant to the point that we want to teach you by yourself your responsibility to go and read the full judgment all right now okay so we we have 15 minutes and i intend to continue to render now continue for a few minutes and i also try to record this and put it on youtube for you so you can play back as and when you want that is why i am recording when i am choosing okay so let me do it this way you