Certainty

Question 1

Only an agreement which is _______ ______ can be enforced by a court.

(what are the missing 2 words)

Answer 1

sufficiently certain

Question 2

What will happen if an agreement is incomplete or uncertain?

Answer 2

a court may not be able to enforce it.

Question 3

What test will court apply to determine whether parties have reached an agreement on all material terms?

Answer 3

an objective test:

whether in all the circumstances of the case the parties have agreed all the terms they considered to be a precondition to creating legal relations

Question 4

Will the courts readily strike down an agreement if it lacks certainty?

Answer 4

NO - seen as a last resort + courts will look to enforce the agreement, reflecting the intentions of the parties, where this is possible.