Podcast
Questions and Answers
What happens when a term in an agreement is meaningless?
What happens when a term in an agreement is meaningless?
- The contract becomes voidable
- The court will create an agreement between the parties
- The contract is null and void
- The term is ignored, leaving the contract as a whole enforceable (correct)
What is necessary for an agreement to be considered complete?
What is necessary for an agreement to be considered complete?
- An agreement on the mechanism to fix the price, but not the price
- An agreement on the price, but not the mechanism to fix the price
- An agreement on both the price and the mechanism to fix the price (correct)
- An agreement on all the minor elements of the contract
What is the court's approach when parties have not reached an agreement on essential elements of a bargain?
What is the court's approach when parties have not reached an agreement on essential elements of a bargain?
- The court will enforce the agreement as it is
- There is no contract, as there is no agreement on all the essential elements (correct)
- The court will imply terms to make the agreement complete
- The court will create an agreement between the parties
What is the purpose of determining the usage in a trade in the context of contractual agreements?
What is the purpose of determining the usage in a trade in the context of contractual agreements?
What is the result when courts find that the terms of an agreement are uncertain or vague?
What is the result when courts find that the terms of an agreement are uncertain or vague?
What is the term for an agreement that lacks a crucial element, such as price?
What is the term for an agreement that lacks a crucial element, such as price?
What is required for an agreement to be considered a contract?
What is required for an agreement to be considered a contract?
What happens if an important term in an agreement is not settled?
What happens if an important term in an agreement is not settled?
What is the court's role in interpreting contracts?
What is the court's role in interpreting contracts?
What is the underlying rationale for requiring certainty of terms?
What is the underlying rationale for requiring certainty of terms?
When will a statement not be considered an offer?
When will a statement not be considered an offer?
What did Viscount Maugham explain in the Scammell v Ouston case?
What did Viscount Maugham explain in the Scammell v Ouston case?
What is the third requirement for the establishment of a contract?
What is the third requirement for the establishment of a contract?
What is a rebuttable presumption in the context of contracts?
What is a rebuttable presumption in the context of contracts?
What must the terms of an agreement be in order to form a valid contract?
What must the terms of an agreement be in order to form a valid contract?
In what context is the intention to create legal relations often inferred?
In what context is the intention to create legal relations often inferred?
What must an agreement be in order to be considered complete?
What must an agreement be in order to be considered complete?
What is necessary for courts to recognise an agreement as an enforceable contract?
What is necessary for courts to recognise an agreement as an enforceable contract?
