LAWS3135 Study Guide - Final Guide: Implied Warranty, Borthwick, City Of Sydney
Document Summary
G r securities pty ltd v baulkham hills private hospital (1986) 40nswlr631. Intention is the decisive test to establish whether a land contract was formed by the parties. Air great lakes pty ltd v k s easter (holdings) pty ltd (1985) 2nswlr309. The intention of the parties must be objectively assessed from the words used in the light of the surrounding circumstances. Evidence is admissible to show that the parties agreed to contract or not to contract. Factors relevant to establish consensus of intention: amount of details in the. Uncertainty & incompleteness discretion when setting the price free from an objective machinery). Incompleteness: if a contract does not have essential terms complete, the court will not enforce it. A contract is complete if the parties agree that certain terms are to be determined on a future date. Meehan v jones (1982) 149clr353: significance: this case is about an agreement appointing one of the parties to settle further terms.
