INTRODUCTION – WHY ARE WE TALKING ABOUT THE MOORCOCK?
This article is adapted from a paper given at the University of Strathclyde Law School’s Scotify! event on 3 September 2025. The brief from the organiser of the event was to take a recent case from furth of the jurisdiction and apply the principles of Scots law to it – and the present author promptly chose a case from 1889! So, wherefore The Moorcock? Why not a more recent case, such as the much-quoted 2015 Supreme Court case of Marks and Spencer v BNP Paribas (M&S), generally considered to represent the current authoritative statement of the law of (at least) England & Wales? Well, in essence the law on implication of terms in fact in England & Wales still flows, to a large extent, from The Moorcock …
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Roddy Cairns, ‘Implied contract terms: what if The Moorcock had been decided in Scotland?’ [2026] Juridical Review (3) 174-183.
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