18 Questions
What happens when a term in an agreement is meaningless?
The term is ignored, leaving the contract as a whole enforceable
What is necessary for an agreement to be considered complete?
An agreement on both the price and the mechanism to fix the price
What is the court's approach when parties have not reached an agreement on essential elements of a bargain?
There is no contract, as there is no agreement on all the essential elements
What is the purpose of determining the usage in a trade in the context of contractual agreements?
To determine the meaning of a vague or uncertain term
What is the result when courts find that the terms of an agreement are uncertain or vague?
The court will not find a contract exists
What is the term for an agreement that lacks a crucial element, such as price?
Incomplete agreement
What is required for an agreement to be considered a contract?
Both a and b
What happens if an important term in an agreement is not settled?
The agreement is not a contract
What is the court's role in interpreting contracts?
To interpret the terms of the contract
What is the underlying rationale for requiring certainty of terms?
To prevent the court from imposing contracts upon the parties
When will a statement not be considered an offer?
When it is not sufficiently certain
What did Viscount Maugham explain in the Scammell v Ouston case?
That the terms of the contract were uncertain
What is the third requirement for the establishment of a contract?
Intention to create legal relations
What is a rebuttable presumption in the context of contracts?
A conclusion drawn by the courts unless the opposite is proved
What must the terms of an agreement be in order to form a valid contract?
Certain and not vague
In what context is the intention to create legal relations often inferred?
In commercial agreements between businesses
What must an agreement be in order to be considered complete?
Complete and not in need of further clarification
What is necessary for courts to recognise an agreement as an enforceable contract?
The presence of all the basic requirements and the absence of vitiating elements
Test your understanding of contract law principles, including the enforceability of agreements, uncertainty of terms, and court interventions. Learn about the essential terms of an agreement and how courts interpret contract law.
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