A solicitor is advising a client who owns a small boatyard on the River Thames. The client entered into a contract allowing a narrowboat owner to moor at the boatyard for an annual fee. The riverbed beneath the mooring turned out to be damaged, causing the narrowboat to sustain serious hull damage at low tide. The contract said nothing about the condition of the riverbed. The client wants to know whether the court might imply a term that the mooring was safe.
Which of the following tests is the court most likely to apply when deciding whether to imply a term into this specific contract?