BTF1010 Lecture Notes - Lecture 3: Incorporated Council Of Law Reporting, Aust, Estoppel
3 Aug 2018
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For a contract to exist the parties must intend for their agreement to be legally binding (or either could sue if breached) Usually the parties do not indicate what they intended -so objective test to determine if the parties inteded to make a contract. Two general presumptions apply can be rebutted (set aside) if evidence indicates to contrary. New appeal court case - ashton v pratt. Clarity of terms - are the rights and obligations spelt out clearly (if not- indicates parties did not think that the agreement was contractual) The flavour of the agreement (is it really a commercial agreement - just happens to be between family members or friends?) Rupert m agrees with lachlan to return to ny from aust to take control of news international. Lachlan returns to ny and rupert changes his mind. Presumption that the parties intended their agreement to be legally enforceable.
