单词 | Officious bystander |
释义 | 好管閒事的旁觀者 A hypothetical person created by a court when assessing whether a particular term should be implied into a contract on the basis of necessity. Such a term will only be implied if, had an officious bystander suggested it to the parties while they were making their bargain, they would have replied that ‘of course’ it was a term of the contract: Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206. See also Implied term; Necessity. 當評估某特定的條款是否須根據其必要性而在合約中隱含時,由法庭所創造的假設的人。僅在好管閒事的旁觀者向各方建議在他們買賣時,他們會回答「當然」是合約的條款,才可推定此等條款:Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206。另見 Implied term; Necessity。 |
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