Based on relevant primary sources and current debate analyse and contrast the following statements: Statement 1: “A term can only be implied if it is necessary in the business sense to give efficacy to the contract” Statement 2: “it seems appropriate to conclude that the test applied by the courts in cases of terms implied in law is not based on necessity alone”

Based on relevant primary sources and current debate analyse and contrast the following statements: Statement 1: “A term can only be implied if it is necessary in the business sense to give efficacy to the contract” Statement 2: “it seems appropriate to conclude that the test applied by the courts in cases of terms implied in law is not based on necessity alone” 2. The ‘Festival of Mayhem’ is an annual motor sport event in which various competitors – amateur and professional, old and young – contend with each other in numerous motor races over the course of the two day festival. a. Although an amateur, Clarkson considered himself to be an exemplary driver and had entered a professional class race. After a surprisingly good start, Clarkson found himself leading the race as he approached the critically important first bend. Noticing that the car being driven by Lewis (a professional racing driver) was preparing an audacious over-taking manœuver, Clarkson’s inexperience and excitement got the better of him. Rather than yield ground to Lewis’ faster car, and contrary to the race rules, Clarkson swerved his vehicle sharply to the side, causing Lewis to skid off the track. Lewis was quite badly hurt, and his car sustained severe damage. b. Approaching the finishing line, with Clarkson still somehow leading the race, disaster appeared to strike when one of the rear wheels on his car became detached and flew high into the air towards the crowd, where it landed causing injuries to Murray. The festival organisers had considered the possibility of cars leaving the track and causing injuries to spectators (this had actually happened several times throughout the festival’s history), but had decided against erecting safety barriers. It was felt that although crash barriers might afford some degree of protection, the cost and inconvenience to spectators (in terms of restrict their views of the races) would, on balance, outweigh any potential improvements in safety. c. Witnessing these events was Fernando, aged 13. Being a particularly gifted child, Fernando had just graduated from medical school and immediately rushed to assist Murray. Perhaps slightly over-confident in his own abilities, Fernando attempted a revolutionary and highly complicated surgical procedure that he had read about in the British Medical Journal. The procedure was not a success, however, and Murray subsequently died. Advise Clarkson, the Festival Organisors and Fernando as to the standard of care expected of them, and consider what factors the courts might take into account in any determination of whether he had fallen below this standard. You should limit your answer to the principles surrounding breach of duty: you do not need to consider whether a duty was owed, and you should not consider any causative issues.
Word limit; 2,000 words. Please be reminded to use OSCOLA Referencing.
1. Based on relevant primary sources and current debate analyse and contrast the following statements:
Statement 1: “A term can only be implied if it is necessary in the business sense to give efficacy to the contract”
Statement 2: “it seems appropriate to conclude that the test applied by the courts in cases of terms implied in law is not based on necessity alone”
2. The ‘Festival of Mayhem’ is an annual motor sport event in which various competitors – amateur and professional, old and young – contend with each other in numerous motor races over the course of the two day festival.
a. Although an amateur, Clarkson considered himself to be an exemplary driver and had entered a professional class race. After a surprisingly good start, Clarkson found himself leading the race as he approached the critically important first bend. Noticing that the car being driven by Lewis (a professional racing driver) was preparing an audacious over-taking manœuver, Clarkson’s inexperience and excitement got the better of him. Rather than yield ground to Lewis’ faster car, and contrary to the race rules, Clarkson swerved his vehicle sharply to the side, causing Lewis to skid off the track. Lewis was quite badly hurt, and his car sustained severe damage.
b. Approaching the finishing line, with Clarkson still somehow leading the race, disaster appeared to strike when one of the rear wheels on his car became detached and flew high into the air towards the crowd, where it landed causing injuries to Murray. The festival organisers had considered the possibility of cars leaving the track and causing injuries to spectators (this had actually happened several times throughout the festival’s history), but had decided against erecting safety barriers. It was felt that although crash barriers might afford some degree of protection, the cost and inconvenience to spectators (in terms of restrict their views of the races) would, on balance, outweigh any potential improvements in safety.
c. Witnessing these events was Fernando, aged 13. Being a particularly gifted child, Fernando had just graduated from medical school and immediately rushed to assist Murray. Perhaps slightly over-confident in his own abilities, Fernando attempted a revolutionary and highly complicated surgical procedure that he had read about in the British Medical Journal. The procedure was not a success, however, and Murray subsequently died. Advise Clarkson, the Festival Organisors and Fernando as to the standard of care expected of them, and consider what factors the courts might take into account in any determination of whether he had fallen below this standard. You should limit your answer to the principles surrounding breach of duty: you do not need to consider whether a duty was owed, and you should not consider any causative issues.